Humiston v. Smith
California Supreme Court
Appeal from the Third Judicial District. On the twenty-fifth day of February, 1861, the appellants applied to the Third District Court for the county of Alameda for a writ of scire facias, to enforce a judgment for some $10,000, previously recovered by them in said Court against the respondents, and then unsatisfied.
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Appeal from the Third Judicial District. On the twenty-fifth day of February, 1861, the appellants applied to the Third District Court for the county of Alameda for a writ of scire facias, to enforce a judgment for some $10,000, previously recovered by them in said Court against the respondents, and then unsatisfied. The writ was issued, directed to the Sheriff of the county, and commanding him to make known to the defendants in the judgment (respondents here) that they must appear before the said Court at a day named and show, if they or either of them knew anything, why the plaintiffs…
1Opinion of the CourtCope, J.
Field, C. J. and Norton, J. concurring.
This is an appeal from an order quashing a writ of scire facias issued by the District Court for Alameda County, to revive a judgment. The writ recites that the judgment is unsatisfied, and requires the defendants to appear and show cause why the plaintiff should not have execution, etc. The relief sought by the writ is amply provided for by the Practice Act, and the remedy invoked is inconsistent with the provisions of that act. The act expressly declares that “ There shall be in this State but one form of civil action for the enforcement or protection…
2Cases cited1 opinion
- Cameron & McKay v. YoungNew York Supreme Court · 1851
3Cited by8 opinions
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