Davis v. Robinson

Citations

• 10 Cal. 411

Syllabus

<p>An execution must be warranted by the judgment. If it exceeds the judgment, it has no validity.</p> <p>To authorize an arrest of the defendant upon execution issued upon a judgment recovered in an action upon contract, the fraud for which the arrest is sought must be alleged in the complaint, and be passed upon by the jury, and be stated in the judg- ” ment.</p> <p>The arrest upon affidavit is only intended to secure the presence of the defendant until final judgment.</p> <p>When the circumstances authorizing an arrest, occur subsequently to the filing of the complaint, applicatioii should be made to the Court either to amend the original or to file a supplemental complaint, so as to set forth the facts upon which execution against the person of the defendant will be asked in. the enforcement of the judgment sought.</p> <p>A special finding, on the question of fraud, should be always taken so as to keep it as distinct as possible from the main subject of controversy.</p>