Elliott

Elliott v. Warfield

Good Law
122 Cal. 632·1898 Cal. LEXIS 647·55 P. 409
Supreme Court of CaliforniaDecember 12, 1898Sac. No. 344California1,492 words

Opinion

Lead Opinion

McFarland, J.

Appeal upon the judgment-roll by defendant from the judgment against him as sheriff, and in favor of plaintiff as assignee of C. W. A gee, an insolvent debtor, for five hundred and fifteen dollars and costs. The only question on the . appeal is whether or not a certain adjudication of insolvency dissolved or affected the lien of an execution levy which had been made by appellant before, but within one month of, the commencement of the proceedings in insolvency, and the question arises under the insolvent act of 1880.

On the 18th of March, 1895, in a suit commenced ini *633 the superior court of San Francisco by John Featherston, plaintiff, against the insolvent, C. W. Agee, defendant, to recover three hundred and eighty dollars and eighty-four cents, an attachment issued and was levied by appellant, as sheriff, upon a certain stock of goods belonging to said Agee. On the 20th of March, 1895, another writ of attachment was issued out of the justices’ court of San Francisco in the case of Freestone Distillery Company, plaintiff, against said Agee, for one hundred and forty-nine dollars and sixty-two cents, and was levied by the appellant upon the same property. On the 22d of March,…

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