Legal Opinion

Holmes v. McCleary

California Supreme Court

Decided June 14, 1883PublishedCited by 7 opinions

Appeal from an order of the Superior Court of San Diego County denying a motion for an order on the sheriff directing the application of the proceeds of a sale of attached property, and from an order refusing a new trial of such motion. On September 13th the sheriff attached the property of the defendant McCleary, in an action against him by one Valentine.

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Appeal from an order of the Superior Court of San Diego County denying a motion for an order on the sheriff directing the application of the proceeds of a sale of attached property, and from an order refusing a new trial of such motion. On September 13th the sheriff attached the property of the defendant McCleary, in an action against him by one Valentine. The following day te levied another attachment on. the same property, in an action by the appellant, “ subject to a prior levy in favor of Valentine.” The property was subsequently sold, and the proceeds being insufficient to pay more than…

1Per curiam

The notice of appeal is as follows:—

“You will please take notice that the plaintiff in the above entitled action hereby appeals to the Supreme Court of the State from the judgment or order denying plaintiff’s motion for an order on Joseph Coyne, sheriff, directing him to apply the proceeds of the property herein attached by him to the satisfaction of the plaintiff’s judgment and costs therein, and entered in the said Superior Court, on the 30th day of October, 1882, in favor of said Joseph Coyne, sheriff, and against said plaintiff, and from the whole thereof. And also from the order denying…

2Cited by7 opinions

  1. Title Ins. Trust Co. v. Calif. Etc. Co.California Supreme Court · 1911
  2. Harper v. HildrethCalifornia Supreme Court · 1893
  3. Reay v. ButlerCalifornia Supreme Court · 1886
  4. Goyhinech v. GoyhinechCalifornia Supreme Court · 1889
  5. Eureka & Trinidad Railroad v. McGrathCalifornia Supreme Court · 1887

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