Trounce
Trounce v. Whittier Savings Bank
Opinion
Lead Opinion
Sturtevant, J.
This is an appeal from an order made in proceedings purporting to be supplemental to execution. Assuming merely for the purpose of this opinion that the record is sufficient, the facts material to this appeal, which are recited in the transcript, include the following. In the above-entitled action a judgment was rendered by default in favor of the plaintiffs and against the defendant corporation on July 16, 1928, for $2,700 and costs. Two different writs of execution were issued, but both were returned unsatisfied. The trial court was not asked for and it did not, so far as the record shows, make any order that any person appear and answer regarding any property held by him. (Code-Civ. Proc., sec. 717.) In some manner a purported deposition of A. C. Maple was taken before a notary on January 20, 1931. Thereafter on March 14, 1931, the plaintiffs served on said A. C. Maple and H. L. Perry a notice and an affidavit. The notice recited that on March 26, 1931, the plaintiffs would apply to the court for an order directing A. C. Maple to deliver to the sheriff twenty-nine and a half shares of stock in the First National Trust and Savings Bank of Whittier, or $14,012.50 in cash, and…