Brask

Brask v. Cox

Good Law
1920 Cal. App. LEXIS 213·49 Cal. App. 721·194 P. 292
Court of Appeal of CaliforniaNovember 3, 1920Civ. No. 3542.California2,172 words

Opinion

Lead Opinion

Richards, J.

This is an appeal from a judgment in favor of the plaintiffs quieting their title to certain lands located in the county of Alameda. The facts of the case, in so far as they are undisputed, may he briefly summarized as follows:

On the tenth day of June, 1915, one H. A. Thomas, while driving an automobile upon one of the streets in the city of Oakland, ran into and severely injured a minor, named Marcellus Vermont Pearson, who was riding a bicycle along said street at the said time. Thereafter and on January 13, 1916, the said minor by his guardian ad litem commenced an action against said IT. A. Thomas in the superior court of said county to recover damages for the injuries which said minor had sustained. That cause went to trial, with the re- suit that on the thirty-first day of July, 1916, a judgment was rendered, entered, and docketed in favor of the plaintiff in that action for the sum of $1,000 and costs. Thereafter and on January 25, 1918, at the instance of said plaintiff, an execution was issued in said action, directed to the sheriff of said county, with instructions to levy upon the property • of the defendant therein, and acting thereunder said sheriff levied said…

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