Sarnow

Action by plaintiff under the provisions of section 386 of the Code of Civil Procedure to compel defendants to litigate among themselves their claims to certain" moneys in the hands of plaintiff. Judgment went for defendant Sullivan. From an order denying a new trial, defendant Sarnow appeals.

From the admissions in the pleadings and from the findings of the trial court, which latter have support in the evidence, it appears that Sarnow, in January, 1902, obtained a judgment against plaintiff; that prior thereto, in February, 1897, defendant Sullivan commenced an action in the superior court of Los Angeles county against Sarnow and others, in which action a writ of attachment was issued and levied upon certain real property standing in the name of Sarnow and other parties ; that thereafter, in February, 1897, a judgment was duly given, made and docketed in said action in favor of Sullivan and as against said Sarnow and others. That after the expiration of five years from the docketing of such last-named judgment, to wit, in May, 1902, the superior court, upon affidavit being filed pursuant to section 685, Code of Civil Procedure, and without previous notice, ordered an execution…