First National Bank v. Superior Court

Prohibition. Plaintiff seeks the writ of this court restraining defendant from obstructing or nullifying the levy of execution issued out of the superior court of Placer county in an action entitled, The First National Bank of Auburn, plaintiff, v. A. Shadboldt and E. L. Morse, ■copartners, defendants, upon the property of said defendant last named situated in Lassen county, or from a sale thereunder, or from any proceedings under said execution; also that the order of said court commanding the release of the levy of said execution, and forbidding the sale of any of said defendant’s property, be vacated and set aside.

It is set forth in the petition that plaintiff obtained judgment against said Shadboldt & Morse, in the superior court •of Placer county, for the sum of $711.50, on June 28. 1909, and on September 28, 1909, execution duly issued out of said court, directed to the sheriff of Lassen county, commanding him to satisfy said judgment out of the property of the defendants in said Lassen county; that thereafter, to wit, on October 20, 1909, the said sheriff levied said execution upon the property named therein in accordance with instructions given him and gave notice that…