Buell

This is an appeal from an order made by the superior court of Monterey County on the 11th of November, 1889; recalling a writ of execution, issued by its order on a money judgment rendered by the district court in and for that county on the 28th of February, 1877.

Notice of the motion was served on appellant’s attorney in proper time, and it stated that respondent would move the court, at a time named, to recall the writ, “ for the reason that the said execution was wrongfully and unlawfully and improperly issued ”; and it further stated that the motion would be made on the record and papers on file, etc.

When - the motion came on to be heard, appellant objected to the hearing upon the grounds, — 1. That no legal notice of the motion had ever been filed or served upon him or his attorney; and 2. That the notice failed to specify in what respect the execution was either wrongfully or unlawfully or improperly issued. The objections were overruled, and an exception reserved.

It was then shown that execution on the judgment was stayed by various orders of the court, made at the request of respondent, until January, 1878; that on the 17th of January, 1878, respondent commenced an…