Green v. Thomas
California Supreme Court Jul 1, 1860Published
Before: Cope
Synopsis
The remedy against an execution issued on a judgment claimed to have been discharged by a decree in insolvency is by motion, and not by bill in equity for an injunction.
Imlay v. Carpentier (14 Cal. 173) cited.
Cope, J. delivered the opinion of the Court Field, C. J. concurring.
If the plaintiff is entitled to relief, he has a sufficient remedy by motion; and upon that ground the judgment is affirmed. (Imlay v. Carpentier, 14 Cal. 173.)
Judgment affirmed.
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