Boyle

Boyle v. Hawkins

Bad Law
1969 Cal. LEXIS 248·71 Cal. 2d 229·78 Cal. Rptr. 161·455 P.2d 97
Supreme Court of CaliforniaJune 16, 1969L. A. No. 29597California4,140 words

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…

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