Lowenberg
Lowenberg v. Greenebaum
Opinion
lead Opinion
McFarland, J.
Judgment went in the court below for plaintiff; and defendants appeal from the judgment and from an order denying a new trial.
In January, 1888, Simon Kullman et al. recovered a money judgment for several thousand dollars against the defendant in the present action, Jacob Greenebaum; and on September 23, 1889, an ordinary writ of execution was issued on said judgment. The sheriff undertook, under said writ, to levy upon and sell as personal property the “seat” of said Greenebaum in an association known as the San Francisco Stock and Exchange Board. He endeavored to accomplish this in the following manner: He delivered to the president and secretary of said association a copy of the said execution “ together with a notice that all moneys, credits and effects of the defendant, Jacob Greenebaum, in the possession or under the control of the said San Francisco Stock and Exchange Board, together with the seat, interests and shares of the defendant, Jacob Greenebaum, in and to the San Francisco Stock and Exchange Board, were levied upon by virtue of said writ.” He then advertised the said seat, interest, etc., for sale for a period of six days; and on October 16, 1889, he sold the same…