Sanchez v. Carriaga
California Supreme Court
Appeal from the District Court, First Judicial District, Los Angeles County. The plaintiff averred in his complaint that on the 4th day of August, 1866, the defendant Carriaga procured to be issued out of the County Court, by defendant Mott, the Clerk, a writ pretending to be an execution purporting to be issued on a judgment rendered on the 28th of November, 1864, in favor of Carriaga and against Sanchez et al., and that defendant Ayers was proceeding as elisor, by. virtue…
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Appeal from the District Court, First Judicial District, Los Angeles County. The plaintiff averred in his complaint that on the 4th day of August, 1866, the defendant Carriaga procured to be issued out of the County Court, by defendant Mott, the Clerk, a writ pretending to be an execution purporting to be issued on a judgment rendered on the 28th of November, 1864, in favor of Carriaga and against Sanchez et al., and that defendant Ayers was proceeding as elisor, by. virtue of the execution, to levy on and sell plaintiff’s property. It was also averred that Carriaga was insolvent. It was…
1Opinion of the Court
By the Court, Sawyer, J.:
This is an appeal from an order refusing to dissolve an injunction. The motion was heard on complaint and answer. The judgment in the case of Carriaga v. Sanchez et al., copied into the transcript, is not a part of the answer, or of the papers upon which the injunction was granted, or upon which *172the motion to dissolve was heard, and, consequently, is no part of the record in this case.
The suit was brought to restrain a sale under execution issued upon a judgment, on the ground that the execution is void upon its face, for reasons stated, and the further ground that…
2Cases cited2 opinions
- Bell v. ThompsonCalifornia Supreme Court · 1862
- Chipman v. BowmanCalifornia Supreme Court · 1859
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- Missouri, Kansas & Eastern Railway Co. v. HoerethSupreme Court of Missouri · 1898
- Murdock v. De VriesCalifornia Supreme Court · 1869
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