Legal Opinion

Wheeler v. Eldred

California Supreme Court

Decided May 31, 1898No. L. A. No. 579PublishedCited by 17 opinions

APPEAL from an order of the Superior Court of Sonoma. County refusing to direct execution of a judgment. E. F. Crawford, Judge. The facts are stated in the opinion.

1Opinion of the Court

BRITT, C.

In this action a judgment of foreclosure, directing the sale of certain mortgaged lands, was entered in favor •f the plaintiff on April 23, 1890. The period of five years allowed by statute for issuing process as of course on the judgment having expired, and no sale having been made, the plaintiff noticed a motion in January, 1896, for leave to carry the judgment into execution pursuant to section 685 of the Code of Civil Procedure. It is provided in said section, as amended in the year 1895, that: “In all eases the judgment may be enforced or carried into execution after the lapse…

2Cases cited3 opinions

  1. Lawrence Manufacturing Co. v. Janesville Cotton MillsSupreme Court of the United States · 1891
  2. Van Rensselaer v. . WrightNew York Court of Appeals · 1890
  3. President of Bank of New-York v. EdenNew York Supreme Court · 1819

3Cited by17 opinions

  1. Doehla v. PhillipsCalifornia Supreme Court · 1907
  2. Laubisch v. RoberdoCalifornia Supreme Court · 1954
  3. Banco Territorial y Agrícola de Puerto Rico v. MarcialSupreme Court of Puerto Rico · 1932
  4. Creditors Adjustment Co. v. NewmanCalifornia Supreme Court · 1921
  5. McClelland v. ShawCalifornia Court of Appeal · 1937

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API