Davis v. Heimbach
California Supreme Court
Appeal from an order of the Superior Court of Colusa County quashing an execution. The facts are stated in the opinion.
1Opinion of the Court
Hayne, C.
—This is an appeal by defendants, McDaniel and Miller, from an order quashing an execution issued at their instance against their co-defendants, Wiles and Ludy.
It appears that these four parties were sureties upon a note of defendant Heimbach to the plaintiff Davis, and were all defendants in the action, which was upon the note. Judgment having been entered against them, McDaniel and Miller paid the whole amount, and then, under section 709 of the Code of Civil Procedure, took out a writ of execution against their co-defendants, Wiles and Ludy, for their proportion. This ■ execution…
2Cases cited4 opinions
- Meredith v. Santa Clara Mining Ass'n of BaltimoreCalifornia Supreme Court · 1882
- Hansen v. MartinCalifornia Supreme Court · 1883
- John v. JonesSupreme Court of Alabama · 1849
- Ladd v. ParnellCalifornia Supreme Court · 1881
3Cited by6 opinions
- Williams v. RiehlCalifornia Supreme Court · 1899
- Cook v. Superior CourtCalifornia Court of Appeal · 1936
- Tucker v. NicholsonCalifornia Supreme Court · 1938
- Northwestern National Bank v. Great Falls Opera House Co.Montana Supreme Court · 1899
- Nelson v. Century Indemnity Co.Court of Appeals for the Ninth Circuit · 1933
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