Corcoran

Corcoran v. Harris

Good Law
1928 Cal. App. LEXIS 523·94 Cal. App. 19·270 P. 391
Court of Appeal of CaliforniaSeptember 14, 1928Docket No. 6467.California757 words

Opinion

Lead Opinion

Nourse, J.

This is an original application for prohibition seeking to restrain the respondent, as Judge of the Superior Court in Alameda County, from proceeding further under an order of examination issued by him under a judgment rendered in Los Angeles County. The theory of petitioner is that the superior court of the county where the judgment has been rendered and where execution has been returned unsatisfied has sole jurisdiction to direct the judgment debtor to appear and be examined.

The proceedings were instituted under section 714 of the Code of Civil Procedure, which reads: “When an execution against property of the judgment debtor, or of any one of several debtors in the same judgment, issued to the sheriff of the county where he resides, or if he does not reside in this state, to the sheriff of the county where the judgment-roll is filed, is returned unsatisfied in whole or in part, the judgment creditor, at any time after such return is made, is entitled to an order from a judge of the court, requiring such judgment debtor to appear and answer concerning his property before such judge, or a referee appointed by him, at a time and place specified in the order; but no judgment…

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