Gilman
Gilman v. Superior Court
Opinion
Lead Opinion
Finch, J.
This is an original proceeding to review the action of the respondent in adjudging the petitioners guilty of contempt of court.
December 5, 1925, the Alpha Hardware & Supply Company commenced an action in the Superior Court of Nevada County against the Ruby Mines Company and other defendants, including the petitioners herein. The complaint therein set up six alleged causes of action, in the first five of which judgment was entered in favor of the defendants. In the sixth cause of action it is alleged that the Ruby Mines Company “is indebted to the plaintiff in the sum of $4,838.19 on account of” five judgments in favor of plaintiff or its assignors against the defendant company; that all of the judgments have been docketed in Sierra County and constitute liens on all real property of the Ruby Mines Company in that county; that said company is the owner of the lands in Sierra County described in the trust deed hereinafter referred to; that petitioners and other defendants were the directors of the Ruby Mines Company and as such directors, “for the purpose of hindering, delaying and defrauding plaintiff and plaintiff’s said assignors and creating an unlawful preference or gift to…