Boyle
Boyle v. Hawkins
Opinion
lead Opinion
Tobriner, J.
Plaintiff Abe Boyle brings this action under Code of Civil Procedure section 544 1 for- wrongfully withholding property from a levy of garnishment. The crucial question in determining this cause is whether defendant Mari-lee Hawkins possessed or controlled certain funds at the time of the levy. In the superior court, a jury found that defendant possessed such funds at the time of the levy amounting to $6,359.11. The judgment appealed from favored plaintiff in this amount. 2 We hold that substantial evidence supports this finding and that the judgment should be affirmed. 3 Defendant-appellant Hawkins has assigned other errors on appeal, but we conclude that her contentions lack merit.
*233 The Facts 4 akd PROCEDURE
During tbe summer of 1963, the period during wbicb the garnishment was levied upon the defendant, the plaintiff was involved in litigation 5 with his former wife Mary Hitchcock, in which he sought to recover a sum of money wrongfully converted by her. Mary Hitchcock and the defendant had been acquainted since 1959; during the summer of 1963 and previous thereto, they had both worked as legal stenographers in the law office of attorney Bichard M. Hawkins, defendant’s…