Mayo v. Sprout

Citations

• 45 Cal. 99

Syllabus

<p>Service of Writ of Restitution.—One who, after an action of ejectment has been commenced, enters upon the demanded premises, but does not enter under the defendant, or by collusion with him, and is not made a party to the action, cannot be removed by virtue of a writ of restitution issued on a judgment rendered in the action.</p> <p>Remedy for Abuse of Writ of Restitution.—One who is wrongfully removed under a writ of restitution, will be restored to the possession upon application made to the Court.</p>