Magnaud
Magnaud v. Traeger
Opinion
Lead Opinion
Finlayson, J.
This is an original proceeding in mandwn.us to compel respondent, the sheriff of Los Angeles County, to execute a writ of possession issued, out of the superior court for that county in an action of unlawful detainer wherein these petitioners were the plaintiffs.
The action was tried in an extra session of the superior court for Los Angeles County before the Honorable William P. Cary, a judge of the superior court for San Diego County, who presided in such extra session pursuant to the provisions of section 67b of the Code of Civil Procedure. On December 21, 1923, judgment was rendered in favor of petitioners for the restitution of the premises and for damages, and on December 31, 1923, the formal judgment, signed by Judge Cary, who meanwhile had returned to his own county, was filed. On January 2, 1924, a writ was issued out of the superior court for Los Angeles County and delivered to respondent whereby he was commanded as sheriff to place the plaintiffs in possession of the unlawfully detained premises. The writ, which was made returnable within sixty days after its receipt by respondent, also commanded the latter to satisfy the judgment for damages out of property of the…