Clark v. Superior Court

This is an original proceeding wherein an alternative writ of mandate was issued out of this court, directed to James C. Byers, as sheriff of San Diego County, requiring him to release of record a writ of attachment levied upon certain real estate in said county, or show cause why he should not do so.

It appears that in a certain action wherein Marvin Lathrop was plaintiff and petitioners, Prank C. and Jennie L. Wood-ford, were defendants, a writ of attachment was issued and by the sheriff of San Diego County levied upon the real estate in question; that thereafter in a trial of said action, had on December 7, 1917, defendants, under subdivision 5 of section 581 of the Code of Civil Procedure, moved the court for a nonsuit, in response to which motion the court made the following order: “Cause called, J. M. Love, Esq., appearing as attorney for the plaintiff and Perry P. Backus, Esq., appearing as attorney for defendants. Cause argued by counsel; motion of attorney for defendants' for a nonsuit granted.” This order was entered upon the minutes of the court and on the same day the clerk of the court made a note thereof in his register of actions, all as provided in section 581…