Muncey

Pioneer Investment & Trust Co. v. Muncey

Good Law
1917 Cal. App. LEXIS 422·33 Cal. App. 740·166 P. 591·166 P.2d 591
Court of Appeal of CaliforniaMay 23, 1917Civ. No. 1834.California1,435 words

Opinion

Lead Opinion

James, J.

This is an appeal from orders made by the superior court upon proceedings had supplemental to execution. Plaintiff, a judgment creditor of defendant Muncey, having prepared an affidavit which was filed in the superior court, secured an order requiring the appearance of the judgment debtor and the Law Credit Company, a corporation. The affidavit set out the date of the recovery of the judgment, the fact that execution had been issued, and placed in the hands of the sheriff of the county of San Bernardino ; that the sheriff had levied upon money in the hands of one "William Thompson, a resident of the county of San Bernardino, which money the affiant alleged upon information and belief was the property of Muncey; that Thompson had made return admitting indebtedness to Muncey in the sum of $550; and that he held such money subject to the order of court. The facts regarding the matter of Thompson’s indebtedness to Muncey were then set out. It was stated in the affidavit that Muncey had recovered a judgment against Thompson which had become final, but that prior to the making of the levy under this plaintiff’s execution, wherein Thompson was served with the writ, Muncey had assigned…

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