McDowell v. Bell

Citations

• 86 Cal. 615
• 25 P. 128
• 1890 Cal. LEXIS 1077

Syllabus

<p>Proceedings Supplementary to Execution — Transfer by Debtor to Third Party — Jurisdiction of Court. — Upon proceedings supplemental to execution, where it appears that certain property claimed by the judgment creditor to be the property of the judgment debtor was conveyed to a third party upon the same day that the affidavit was filed for the institution of the supplementary proceedings, the court has no jurisdiction to take possession of the property by a receiver, but can only make an order authorizing the judgment creditor to institute an action against the parties claiming it, for its recovery and subjection to the satisfaction of the debt, and forbidding its transfer until such action could be commenced and prosecuted to judgment.</p> <p>Id.—Taking Possession of Property Conveyed — Order Appointing Receiver — Excess of Jurisdiction — Prohibition. — Orders in such proceedings directing that the property so conveyed be subjected to the satisfaction of the judgment, and that a receiver take possession thereof, are in excess of the court’s jurisdiction, and a writ of prohibition will lie to restrain their enforcement.</p>