Rogers v. Springfield Fire & Marine Insurance

Good Law
1928 Cal. App. LEXIS 900·92 Cal. App. 537·268 P. 679
Court of Appeal of CaliforniaJune 15, 1928Docket No. 6255.California1,719 words

Opinion

Lead Opinion

Campbell, J.

Plaintiff filed an action to recover the sum of $5,000 from defendant, such being the amount claimed to be owing on two policies of fire insurance. Defendant appeared and filed an answer. On June 5, 1922, the cause came on for trial, at which time plaintiff and defendant entered into a stipulation as follows: “It is hereby stipulated that the above entitled action be and the same is compromised as follows: that plaintiff shall have judgment for the sum of $2,200.00, lawful money of the United States without costs; that execution on the whole of said judgment shall be stayed until such time as the correct amount of moneys now under attachment by garnishments and a certain assignment to T. M. Crum served on the defendant is ascertained, and when said sums are ascertained, and the liability of the defendant under said garnishments and said assignment is definitely ascertained, then the said defendant will pay over to plaintiff to be applied on said judgment all moneys now due upon said judgment over and above the amount of defendant’s liability under said garnishments and said assignment, and the execution shall be further stayed on the remainder of said judgment, as to such amount…

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