Howe v. White

Citations

• 49 Cal. 658

Syllabus

<p>Levy of Execution by Shebiff.—If an execution is placed in the hands of a sheriff with directions to levy on a sum of money in the hands of a corporation, and he exhibits the execution to the company and demands the money, the facts that the company, while admitting that it has the money, refuses to deliver it to the sheriff, and that the sheriff cannot seize or take manual possession of the money, and that the plaintiff’s attorney has notice of these things at the time, do not excuse the sheriff for failing to levy the execution, whether the company has the money as a distinct sum belonging to the defendant, or he is its creditor for the amount.</p>