Bryant v. Bank of California

Citations

• 2 Cal. Unrep. 475
• 7 P. 128
• 1885 Cal. LEXIS 838

Syllabus

<p>Supplemental Proceedings—Mode of Procedure.—As proceedings supplementary to execution are purely statutory, the mode of procedure thereon provided for by statute must be followed; and a failure to comply with the statute will vitiate the proceedings.</p> <p>Supplemental Proceedings—Record as Evidence in.—A judgment creditor, in a supplementary proceeding against a garnishee, brought in pursuance of an order made under the statute (Code Civ. Proc., sec. 720), must aver and prove the existence of the order and of the proceedings by which the order was founded. The record of such proceedings, to be admissible in such action, must be filed with the clerk of the court, and must come, either as an original or authenticated copy, from the hands of the officer in whose custody it is kept.1</p>