Bank of Napa v. Ferguson Burns Estate, Inc.

The action was brought to recover judgment: (1) That plaintiff is the owner and entitled to the possession of 30,000 shares of the capital stock of the defendant corporation, standing on the books of said corporation, on ther twenty-third day of June, 1915, in the name of Dorothy A. Lawson, formerly Dorothy A. Burns; (2) That defendant be ordered and directed to cancel the certificate for said 30,000 shares and to issue a new certificate therefor to this plaintiff; (3) That in the event said stock cannot be transferred on the books of the company, plaintiff have judgment against defendant for $30,000, the value of said shares of stock. Judgment was rendered in favor of defendant for costs and this appeal is prosecuted by plaintiff from said judgment.

It was alleged in the complaint that, on January 30, 1915, in an action pending in the superior court in and for the county of Sacramento, a judgment was recovered by plaintiff against Dorothy A. Lawson for the sum of $9,485.56; that, on June 21, 1915, an execution was issued out of said court directed to the sheriff of Sacramento County, who, on the 23d of June, levied said execution upon defendant corporation, garnishing all of the…