Bronzan v. Drobaz

Belcher, C. On the twenty-seventh day of October, 1887, the plaintiff herein recovered a judgment in the superior court of the city and county of San Francisco against the Gold Lead Gold and Silver Mining Company, a corporation, for the sum of $1,271.95,.and $18 costs of suit. On this judgment an execution was issued and returned unsatisfied. The return states that the execution was duly levied upon “ all moneys, goods, credits, effects, debts due or owing, or any other personal property in possession or under control of Matteo Drobaz, belonging to the defendant named in said writ.” Thereafter, under and in pursuance of the provisions of section 717 of the Code of Civil Procedure, an order was made by the judge of the court, requiring Drobaz to appear, at a specified time and place, before a referee appointed for the purpose, to answer concerning the property in his possession belonging to the defendant. At the time and place named, Drobaz appeared, with his attorney, before the referee and was examined. As the result of the examination the referee found and reported to the court that Drobaz had in his possession $217.26, which he admitted was the property of the defendant corporation, and also that he had in his possession $128 and $55, moneys qf the corporation, which he claimed had been paid out and expended for the corporation, but that this claim was sham, and not made in good faith. Wherefore it was ordered that Drobaz apply $400.26 — the aggregate-of the said-sums— towards the satisfaction of the plaintiff’s judgment in the action.

Subsequently an order was made by the court, requiring Drobaz to appear at its court-room, at a time named, “ to show cause-, if any he have, why said report and order should not be confirmed and approved by the court, [649]and also why he should not pay plaintiff’s costs, amounting to $58.60, incurred in these proceedings.”

At the time appointed, the parties appeared by their attorneys, and after argument and consideration, it was by the court, on March 9, 1888, “ ordered and adjudged that said report and order of said referee, as filed in this court on the twenty-fourth day of January, 1888, be and the same are hereby confirmed and approved in all respects, and that the said Matteo Drobaz do pay to the said plaintiff the sum of $400.26, to be applied towards the satisfaction of plaintiff’s judgment herein, as ordered by said referee. It is also ordered that the application of plaintiff as regards the payment of said costs by said defendant be denied.”