Dorland v. Hanson
California Supreme Court
Appeal from, an order of the Superior Court of the city and county of San Francisco vacating an execution. The facts are stated in the opinion of the court.
1Opinion of the CourtWorks, J.
The only question in this case is, whether or not an execution or order of sale can issue upon a decree foreclosing a street assessment after five years. The court below held it could not, and set aside and vacated a former order authorizing such writ to issue, and vacating a sale made thereunder. From this order the appellant prosecutes this appeal.
Section 681 of the Code of Civil Procedure provides: “The party in whose favor judgment is given may, at any time within five years after the entry thereof, have a writ of execution issued for its enforcement.” And section 685 provides: “In all…
2Cited by13 opinions
- Laubisch v. RoberdoCalifornia Supreme Court · 1954
- State v. PetersNew Mexico Supreme Court · 1961
- Padilla Vda. Oliver v. Vidal GarrastazúSupreme Court of Puerto Rico · 1950
- Creditors Adjustment Co. v. NewmanCalifornia Supreme Court · 1921
- Crowell v. KoppNew Mexico Supreme Court · 1919
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