Pacific Coast Automobile Ass'n v. Superior Court

This isa petition for a writ of prohibition. The principal contention of respondents seems to be that the record made is insufficient to support the proceeding. To some extent this contention has merit. However, by a somewhat equivocal return to the alternative writ and more expressly at the hearing upon said return, the facts were agreed upon and the record supplemented sufficient to squarely present the issue.

In a certain action brought in the Superior Court of the State of California, in and for the City and County of San Francisco, wherein Theodore Hale et al. were plaintiffs and California Highway Indemnity Exchange et al. were defendants, a judgment resulted in favor of plaintiffs for the sum of $3,772.25. Thereafter execution upon said judgment was duly issued and the writ of execution was served upon petitioner herein, Pacific Coast Automobile Association. Answering the said writ of execution, petitioner returned that there was no debt due the judgment debtor, nor any funds in the hands of petitioner belonging to said debtor. Thereafter, pursuant to the provisions of sections 717 and 720 of the Code of Civil Procedure, proceedings supplemental to execution were had, and…