Cline
Cline v. Superior Court
Opinion
Lead Opinion
Conret, J.
In this proceeding a writ of review has been issued "whereby the petitioner seeks to obtain judgment annulling an order made by the superior court of Los Angeles County. In an action wherein one E. 0. Lenox was plaintiff, judgment was entered against several defendants, one of whom was. Max Goldschmidt. A writ of execution upon that judgment was duly issued and placed in the hands of the petitioner as sheriff of Los Angeles County. Pursuant to in■structions in writing by the attorney of Lenox, the sheriff levied upon all the right, title, and interest of Max Goldschmidt in and to certain personal property described as property of Goldschmidt Brothers, it being claimed by Lenox that Max Goldschmidt was a partner in that firm. After the levy had been made, one Herman Goldschmidt served upon the sheriff a written claim, verified by his oath and made out in accordance with the provisions of section 689 of the Code of Civil Procedure, claiming as his property the said property levied upon by the sheriff and setting out the right of said Herman Goldschmidt to the possession thereof. Thereupon the sheriff informed the plaintiff’s attorney that he would not make sale of the property…