Pfeiffer v. Ash

This is an appeal from an order denying the motion of appellants Ash to quash a writ of execution issued after entry of judgment upon a cross-complaint in favor of the appellants’ codefendant, the respondent Pianka, in an original action brought by Pfeiffer to foreclose a mortgage on real property executed by appellants to secure their promissory note.

The pertinent portions of the record reveal that on May 12, 1942, one day prior to his appearance by way of answer to the complaint, the appellants’ counsel admitted and accepted service of the cross-complaint of the respondent herein, which…