Mulford v. Estudillo

Citations

• 23 Cal. 94

Syllabus

<p>A levy under an execution upon sufficient personal property to satisfy the same, is a satisfaction of the judgment, sufficient at least to discharge third persons who are liable collaterally or as sureties therefor, and the release of the property from levy thus made, without the consent of the parties thus liable, cannot revive their liability.</p> <p>The law does not deem such levy a payment, but it is a satisfaction or discharge.</p> <p>Where such levy is set forth in the answer as a defense, it is new matter, and under the former provisions of the Practice Act concerning replications, is deemed admitted, unless a replication is filed denying the same.</p> <p>If an Appellate Court affirms the judgment of the Court below with costs, and upon the filing of its mandate of affirmance in the Court below, an order is made directing a new judgment to be entered up in accordance with the directions of the mandate, such new judgment, although it may be erroneous or irregular, is not void so as to invalidate an execution issued on the same.</p>