Gilman v. County of Contra Costa
California Supreme Court
Appeal from the District Court of the Seventh Judicial District, County of Contra Costa. This is an appeal from an order of the District Court of the Seventh Judicial District, overruling a motion to quash an execution, and discharge a levy.
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Appeal from the District Court of the Seventh Judicial District, County of Contra Costa. This is an appeal from an order of the District Court of the Seventh Judicial District, overruling a motion to quash an execution, and discharge a levy. The plaintiff recovered a judgment against the County of Contra Costa, in March, 1856, and in January, 1857, sued out an execution and caused a levy to be made on the court-house, and also on the revenues of the county in the hands of the treasurer.
1Opinion of the Court
Murray, C. J., after stating the facts, delivered the opinion of the Court—Burnett, J., concurring.
The first question presented is, whether an appeal will lie in such a case ? The three hundred and thirty-sixth section of the Practice Act gives an appeal from “ any special order made after judgment.”
The question, then, is, what is an order ? It may be defined to be the judgment, or conclusion of the Court, upon any motion or proceeding. It means cases where a Court or Judge grants affirmative relief, and cases where relief is denied. This is apparent from the language of the statute itself,…
2Cited by23 opinions
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- Morgan v. State Board of EqualizationCalifornia Court of Appeal · 1949
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