Handy

Handy v. Samaha

Good Law
117 Cal. App. 286·1931 Cal. App. LEXIS 565·3 P.2d 602
Court of Appeal of CaliforniaSeptember 30, 1931Docket No. 868.California1,444 words

Opinion

Lead Opinion

Barnard, J.

This is an action to recover on an injunction bond. In a former action this plaintiff recovered a judgment against R. Samaha, which judgment became final. The sheriff having attached Samaha’s bank account, held sufficient money to satisfy the judgment. Samaha brought an action in the Superior Court of Imperial County, numbered 12817, seeking to enjoin the sheriff from paying over this money in satisfaction of the judgment. He secured a temporary restraining order and an order to show cause, filing a bond signed by the other defendants in this ease. This plaintiff and his counsel appeared at the time set in the order to show cause, and the matter was continued for three days. Within these three days the plaintiff in that action, having discovered some technical error in the proceedings, caused the temporary restraining order and the order to show cause to be set aside and vacated, and, in the same proceeding, immediately secured a new temporary restraining order and a new order to show cause, filing a new undertaking with the same sureties as the first one. The defendant in that proceeding then filed a notice of motion to dissolve the temporary restraining order and all of the…

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