R. H. Herron Co. v. Superior Court

The petitioner herein recovered judgment in the superior court in and for San Francisco, August 31, 1901, against the Grant Oil Company, a corporation, for the sum of $1,510, upon which an execution was issued to the sheriff of San Benito County, and that officer levied upon certain property of the judgment debtor, and advertised the same to be sold September 13th. August 17, 1901, certain creditors of the Grant Oil Company filed a petition in the superior court for San Francisco, in accordance with the provisions of the Insolvent Act of 1895, praying that the said Grant Oil Company be adjudged an insolvent debtor, and thereafter such proceedings were had in the matter that on September 6th the superior court made and entered its order adjudging the corporation an insolvent debtor, and appointing September 16th as the day for the creditors to prove their debts against said debtor and choose an assignee for it. A copy of this order was served upon the sheriff of San Benito County, and by reason thereof he refused to sell the property of the debtor, levied upon by him as aforesaid. The petitioner asks for a writ of prohibition to prevent the superior court from proceeding with the…