Hayes v. First Judicial District Court
Montana Supreme Court
Original proceeding. Application for a writ of ceriiorarL Statement of the case by the judge delivering the opinion. Michael D. Hayes and P. M. Hayes recovered a judgment in the First Judicial District Court against Henry J. Hayes, the amount of which was paid into court, and remains there. Afterwards the Bank of Minnesota recovered a judgment against Michael D. Hayes and Henry Hayes.
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Original proceeding. Application for a writ of ceriiorarL Statement of the case by the judge delivering the opinion. Michael D. Hayes and P. M. Hayes recovered a judgment in the First Judicial District Court against Henry J. Hayes, the amount of which was paid into court, and remains there. Afterwards the Bank of Minnesota recovered a judgment against Michael D. Hayes and Henry Hayes. In proceedings supplemental to execution the District Court made an order commanding the clerk of the court to pay to the plaintiff in the latter action the money in his hands belonging to said Michael D. Hayes…
1Opinion of the CourtDe Witt, J.
We note the following authorities: An order discharging a defendant from imprisonment is a special order made after a final judgment. (Wells, Fargo & Co. v. Anthony, 35 Cal. 696.) In proceedings supplemental to execution an order to apply specific property to the satisfaction of a judgment is appealable. (McCullough v. Clark, 41 Cal. 303.) This view may be obiter in the opinion, but, as it is stated as a proposition “ too plain for argument,” we have a positive expression of the view of the California Supreme Court upon the subject.
In Sperling v. Calfee, 7 Mont. 514, an appeal was taken from…
2Cases cited6 opinions
- McCullough v. ClarkCalifornia Supreme Court · 1871
- Sperling v. CalfeeMontana Supreme Court · 1888
- Barber v. BriscoeMontana Supreme Court · 1890
- Wells, Fargo & Co. v. AnthonyCalifornia Supreme Court · 1868
- Foster v. PrinceNew York Supreme Court · 1859
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3Cited by3 opinions
- State ex rel. King v. Second Judicial District CourtMontana Supreme Court · 1900
- State ex rel. Reynolds v. LaurendeauMontana Supreme Court · 1903
- State ex rel. Johnson v. CaseMontana Supreme Court · 1894