Palace Hotel Co. v. Crist

BURROUGHS, J.,

pro tem.

On January 5, 1912, a judgment was entered in action No. 38324 of the Superior Court of the City and County of San Francisco, wherein the above-named Palace Hotel Company, a corporation, was the plaintiff, and George J. Dempsey, J. H. Tuttle and Wiley F. Crist were the defendants. Said judgment was entered in favor of the plaintiff and against the defendant, Wiley F. Crist, in the sum of $2,126.14, together with legal interest thereon from date until paid. On March 1, 1912, a judgment was entered against the two other defendants in the sum of $850 and $12.05 costs. This latter judgment was based upon a stipulation, dated February 16, 1912, between the attorney for plaintiff therein and the attorney for the two defendants last referred to. Said stipulation is as follows: “It is hereby stipulated by the parties hereto that the above-named plaintiff, Palace Hotel Company, a corporation, may take judgment against the above-named defendants, George J. Dempsey and J. H. Tuttle in the sum of eight hundred fifty ($850.00) and no/100 dollars and costs, plaintiff hereby expressly waiving all claims to any other sum or other relief prayed for in his amended complaint on file herein. ’ ’ No sum was ever paid on the judgment against Wiley F. Crist and it does not appear, nor is it material, whether the judgment against the two other defendants was ever paid. Wiley F. Crist died June 21,1931,

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and Arthur P. Crist w.as duly appointed the administrator of his estate on November 25, 1931, and ever since said date he has been and now is the duly qualified and acting administrator thereof.

On May 21, 1932, the plaintiff applied to the court for an order under the provisions of section 685 of the Code of Civil Procedure to enforce and carry into execution the judgment rendered against Wiley F. Crist on January 5, 1912, which order was granted en the day it was applied for. On May 23, 1932, a claim against the Wiley F. Crist estate, based upon said judgment, was made by plaintiff and filed in the office of the county clerk where the proceedings in the matter of said estate were pending. Said claim not having been acted upon by the administrator, the claimant elected to treat the same as rejected and commenced this action thereon on the fourth day of February, 1933. After trial, judgment was entered in favor of the plaintiff in the sum of $5,437.60, with interest at the legal rate and costs of suit. In due time the defendant appealed from the judgment.