Dunn
Dunn v. Standard Accident Insurance
Opinion
Lead Opinion
Preston, J.
This is an appeal by plaintiffs from an order setting aside and vacating a default judgment.
On June 26, 1926, Nancy B. Cleeak brought an action in the Superior Court of the City and County of San Francisco in the nature of a creditor’s bill in equity against the plaintiffs and appellants in this action, in which she alleged that John A. Clecak was indebted to her in a sum of money greatly in excess of that attempted to be reached in her suit; that W. P. Dunn and J. A. Williams, the plaintiffs and appellants in this action, were indebted to John A. Clecak for a commission earned by the latter in a real estate transaction consummated for them; that execution had been levied against the said Dunn and Williams, but that the latter had made return thereto asserting there was nothing in their hands belonging to and no debt owing to said John A. Clecak.
Nancy B. Clecak brought said action for the purpose of recovering the amount of such commission, and the same was brought under section 720 of the Code of Civil Procedure. Pursuant to that section the trial court, upon the application of plaintiff Nancy B. Clecak, made an order forbidding the “transfer or other disposition of such…