Mayo v. Bryte
California Supreme Court Jul 1, 1874 No. No. 3,866Published
Synopsis
Enjoining an Execution.—If a judgment is rendered, enforcing a lien ón a lot for an assessment for grading a street, a Court of Equity will not enjoin the sale of the property by execution, because the statutory period for enforcing a judgment by execution, has expired. The remedy, if any exists, is by motion in the original cause.
By the Court: The Court properly dismissed the complaint, because the plaintiff’s remedy, if any, was by motion in the original cause, and not by an independent action.
Order affirmed. Bemittitur forthwith.
More from California Supreme Court
- People v. Wende (1979)
- People v. Watson (1956)
- People v. Superior Court (Romero) (1996)
- People v. Kelly (2006)
- Auto Equity Sales, Inc. v. Superior Court (1962)
- Aguilar v. Atlantic Richfield Co. (2001)
- People v. Lewis (2021)
- In Re Estrada (1965)
- Denham v. Superior Court (1970)
- People v. Marsden (1970)