Brun
Brun v. Evans
Opinion
Lead Opinion
Myers, J.
Plaintiff having commenced an action in the superior court on a money demand against the defendants sounding in contract procured a writ of attachment to be regularly issued and levied upon real property belonging to the defendants November 16, 1922. Thereafter in due course a judgment was rendered and docketed in favor of the plaintiff and against the defendants. Defendants perfected an appeal to this court from the judgment and in connection therewith gave and filed a supersedeas bond adequate to stay the execution of the judgment. The statutory limitation upon the attachment lien being about to expire under the terms of section 542a of the Code of Civil Procedure, the plaintiff moved in this court upon notice pur- ° suant to the provisions of said section for an order extending the time of said lien for a period of two years from the date on which the original lien would expire.
We are confronted at the outset with the question which we ourselves suggested at the hearing of the motion, namely, whether or not this court is the proper forum to which this motion should he directed. Appellants in resisting the motion have contented themselves with expressing a doubt as to this…