Isaac v. Swift

Citations

• 10 Cal. 71
• 1858 Cal. LEXIS 191

Syllabus

<p>The issuing and levy of an execution before the lien of the judgment upon which the execution issued, expires, will not operate to prolong the lien of the judgment beyond the time limited in section 204 of the Code.</p> <p>The levy and sale must both be made within the period of two years limited by statute. It required express words of the statute to create the lien, and it equally requires express words to continue it beyond the time specified.</p> <p>An order of Court made staying all proceedings against a petitioner under the Insolvent Law for a discharge from his debts pending his petition, would not prevent the issuance of an execution on a judgment rendered against the petitioner, and a sale of property under the same, within the time limited for the lien of said judgment.</p>