White v. Clark
California Supreme Court
Appeal from the District Court of the Seventh Judicial District, County of Marin. In February, 1852, McKeever and Nickerson obtained judgment before a justice of the peace against White and Revere; and on the third day of April, 1857, the defendant, Clark, acting as a justice of the peace, and as the successor of the justice before whom the judgment was had,Issued an execution upon the judgment, which was levied by the defendant Yischerj as sheriff, upon the property of…
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Appeal from the District Court of the Seventh Judicial District, County of Marin. In February, 1852, McKeever and Nickerson obtained judgment before a justice of the peace against White and Revere; and on the third day of April, 1857, the defendant, Clark, acting as a justice of the peace, and as the successor of the justice before whom the judgment was had,Issued an execution upon the judgment, which was levied by the defendant Yischerj as sheriff, upon the property of plaintiff, one of the defendants in the execution. The plaintiff then brought this suit against the defendants, as…
1Opinion of the CourtBurnett, J.
It is insisted by the plaintiff that there was no judgment in force when the execution' was issued, and that the writ was, therefore, void.
The six hundredth section of the Practice Act provides that “ execution for the enforcement of a judgment in a Justice’s Court, may be issued on the application of the party entitled thereto, at anytime within five years from the entry of judgment.”
By the two hundred and fourteenth section, it is provided that “ after the lapse of five years from the entry of judgment, an execution shall be issued only by leave of the Court, on motion.” But this section…
2Cited by4 opinions
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- Teel v. Justice's CourtCalifornia Court of Appeal · 1933
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