Lyons
Lyons v. Marcher
Opinion
Lead Opinion
Haynes, J.
Proceedings in aid of execution. Appellants obtained judgment against Mrs. C. A. Marcher for nine hundred and twenty-seven dollars and forty-nine cents in January, 1895, and an execution was duly issued thereon, and in January, 18.96, while the execution was in the hands of the sheriff, and before its return, S. Lyons made an affidavit pursuant to sections 715 and 717 of the Code of Civil Procedure, reciting the judgment and issuance of the execution, and alleging that C. A. Marcher had property which she unjustly refused to apply toward the satisfaction of the judgment; that F. A. Marcher had property belonging to the judgment debtor exceeding fifty dollars, to wit, ten thousand dollars, or over, and was indebted toller in an amount exceeding fifty dollars, and also similar allegations as to A. E. Marcher.
An order for the examination of these persons was made and-served, an examination had, and, after argument, the court denied appellants’ application for an order requiring the persons cited to turn over property, and dismissed the citation; and from' that order this appeal is taken.
The examination of the several persons cited is brought up-in a bill of exceptions.