McColgan v. Scoble
California Court of Appeal
1Opinion of the CourtPeters, P. J.
Appellant, as executrix of the last will and testament of Samuel Weinstein, deceased, appeals from an order of the trial court allowing an execution to issue after five years from the date of entry of the judgment, and permitting respondent to present her claim based on the judgment to the appellant, as executrix of Weinstein’s estate. The sole contention of appellant is that notice of the motion was not served upon her as provided by section 685 of the Code of Civil Procedure.
So far as pertinent here, that section provides: “In all eases the judgment may be enforced or carried into execution…
2Cases cited4 opinions
- Tolle v. DoakCalifornia Court of Appeal · 1936
- Mooney v. Superior Court of County of KernCalifornia Supreme Court · 1920
- Widener v. HartnettCalifornia Court of Appeal · 1938
- Smith v. SmithCalifornia Court of Appeal · 1940