High v. Bank of Commerce

Citations

• 103 Cal. 525
• 37 P. 508
• 1894 Cal. LEXIS 815

Syllabus

<p>Evidence — Presumption of Continuance—Balance of Account in Bank.—The presumption that a thing once provento exist continues as long as usual with things of that nature is not applicable to a balance in one’s favor in a bank, and there is no presumption that a small balance in bank, on open account, continues to exist.</p> <p>Execution—Supplementary Proceedings—Order Authorizing Action—Res Adjudicata.—The only power of the court in proceedings supplementary to execution, in respect to an action by the judgment creditor, is to make an order authorizing the judgment creditor to institute an action in the proper court to recover indebtedness due to the judgment debtor, and to forbid a transfer pending the action; and such an order is not an adjudication of the rights of the parties.</p>