Buell v. Buell

Belcher, C.

This is an appeal from an order made by the superior court of Monterey County on the 11th of November, 1889; recalling a writ of execution, issued by its order on a money judgment rendered by the district court in and for that county on the 28th of February, 1877.

Notice of the motion was served on appellant’s attorney in proper time, and it stated that respondent would move the court, at a time named, to recall the writ, “ for the reason that the said execution was wrongfully and unlawfully and improperly issued ”; and it further stated that the motion would be made on the record…