Rahm v. Minis
California Supreme Court
Appeal from the District Court of the Sixth District, Yolo County. This action was brought to obtain an order enjoining and restraining Wm. Minis, the Sheriff of Yolo County, in whose hands the execution was placed for service, and I. W. Jacobs from further proceeding upon an execution issued under a judgment rendered in favor of the plaintiff in the action of Jacobs v. Oaleb Davis, John Davis and M. A. Rahm.
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Appeal from the District Court of the Sixth District, Yolo County. This action was brought to obtain an order enjoining and restraining Wm. Minis, the Sheriff of Yolo County, in whose hands the execution was placed for service, and I. W. Jacobs from further proceeding upon an execution issued under a judgment rendered in favor of the plaintiff in the action of Jacobs v. Oaleb Davis, John Davis and M. A. Rahm. Defendant demurred to the complaint on the grounds: 1st. Because it does not state facts sufficient to constitute a cause of action; and 2d, Because the facts stated show that plaintiff…
1Opinion of the CourtEhodes, C. J.
The judgment which is the subject of controversy in this case was recovered by Jacobs, one of the defendants, about four months after the discharge of Eahm in insolvency, but the action was commenced before the proceedings in insolvency were instituted. The grounds of the attack are, that the judgment was procured in violation of the restraining order which was made at the commencement of the proceedings in insolvency, and without the knowledge or consent of Eahm; and that Eahm was discharged from all his debts and liabilities, including the debt to Jacobs before recovery of the judgment. The…
2Cited by4 opinions
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