Mann v. McAtee
California Supreme Court
Appeal from the District Court, Third Judicial District, Alameda County. . The facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Crockett, J. :
In April, 1859, the plaintiff recovered a judgment against the defendant McAtee for the possession of the land in contest; on which judgment a writ of restitution, and afterwards an alias writ, were issued, both of which were returned unexecuted. About the month of January, 1860, the plaintiff died, out of this State; but letters of administration on his estate were not issued until June 10th, 1868, and on the 2d July, 1868, the administrator moved the Court for leave to issue a writ of restitution on the judgment. Notice of the motion was served on McAtee and on…
2Cited by12 opinions
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- Larkin v. SaffaransDistrict Court, W.D. Tennessee · 1883
- Denny v. BeanOregon Supreme Court · 1908
- Angeli v. LischettiCalifornia Supreme Court · 1962
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