Frost
Frost v. Superior Court
Opinion
Lead Opinion
Hart, J.
In an action previously instituted by Sallie C. Turner against the petitioner and one Patrick L. Flanigan, a judgment for -the sum of $8,166.60 was entered by the clerk of the above-named respondent, court, against petitioner and said Flanigan on the thirteenth day of March, 1919. On the same day a writ of execution Was issued in said action by the clerk of said court (respondent herein), directed to the sheriff of the city and county of San Francisco. Said writ was returned to said clerk partially satisfied and, on the tenth day of April, 1919, was filed by said clerk with the papers in said, action. The petition here alleges that “on the tenth day of April, 1919, an oral application was made by said plaintiff [Sallie C. Turner] to said Honorable Clarence A. Baker, in his chambers and not while he was holding court, for an order directing said petitioner to appear before John McCallan, a notary public, in and for the said city and county, of San Francisco, as a referee, to answer on oath concerning his property; that said judge thereupon in compliance with such application made in said action the following order,” and then follows the order made by the judge, commanding the…