Parker

Action for money had and received. The facts out of which the action arose are somewhat involved. On the tenth day of June, 1912, one of the plaintiffs herein, Emma Parker, obtained a judgment in San Francisco against her then husband Jack W. Parker in a divorce action, wherein she was awarded the sum of $40 per month for the support of herself and her minor child. Some thirteen years thereafter, in May, 1925, she obtained an order directing the issuance of an execution upon such judgment in the sum of $4,360, the same being alleged to be the accumulated amount due her upon the judgment above mentioned. The defendant, Jack W. Parker, moved to set aside the order directing execution and levy thereunder. This motion was denied by the trial court, but an order was made directing the modification of the execution to $1200. Plaintiff appealed from the order modifying the execution, and defendant also appealed, claiming the entire proceeding was unauthorized and void. Notwithstanding the appeal, an execution had been levied upon certain funds in the Bank of Italy in Sacramento on a deposit in the joint names of Jack W. Parker and Mary Helen Parker, the latter being his second wife. Mary…