McAuliffe v. Coughlin

Citations

• 105 Cal. 268
• 38 P. 730
• 1894 Cal. LEXIS 1148

Syllabus

<p>Satisfied Judgment—Motion to Issue Execution—Order to Show Cause—Practice.—Upon a motion for an order that execution issue upon a judgment apparently satisfied, upon an affidavit that the judgment had not been satisfied in fact, and that the entry of satisfaction thereof had been fraudulently procured, it is proper and regular practice for the court, of its own motion, to order the defendant to show cause why plaintiff’s motion should not be granted, thus giving the defendant an opportunity to be heard in answer to the motion.</p> <p>Id.—Jurisdiction oí Court.—The court has jurisdiction of the subject matter of a motion for an order to issue execution on the judgment, and incidentally to determine whether or not the apparent satisfaction of the judgment is void as claimed by the plaintiff.</p> <p>Id.—Appeal írom Order to Show Cause—Review—Final Order.—Upon appeal from an order to show cause why an execution should not issue upon a satisfied judgment the appellate court cannot review a subsequent and final order directing the issuance of the execution, made after the appearance of the defendant, as the result of a hearing on the merits, from which final order no appeal has been taken.</p>