Drew

Drew v. Superior Court

Good Law
1919 Cal. App. LEXIS 871·43 Cal. App. 651·185 P. 680
Court of Appeal of CaliforniaOctober 18, 1919Civ. No. 2047.California1,389 words

Opinion

Lead Opinion

Ellison, J.

Petition for a writ of prohibition, asking that the superior court of Mendocino County be prevented from hearing or deciding a proceeding instituted in said court against said petitioner for an alleged contempt of court.

The record herein shows that on the twenty-eighth day of October, 1918, in an action pending in said superior court, wherein Phil Lobree was plaintiff and L. E. White Company, a corporation, and Goodyear Redwood Company, a corporation, were defendants, the plaintiff recovered a judgment against the defendants for the sum of $7,150, interest and costs.

On the fourth day of August, 1919, Robert Duncan, attorney for the plaintiff in said action, made and filed and presented to the judge of said court his affidavit, wherein he stated, in substance, the fact of the rendition of said judgment, the issuance of execution thereon and its return wholly unsatisfied; that F. C. Drew was then, and at all times since the beginning of said action had been, the president and general manager of said L. E. White Company; that said company owned property and had it in its possession or under its control, which it unjustly refused to apply to the satisfaction of said judgment, and…

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