Sanchez v. Carriaga

Citations

• 31 Cal. 170

Syllabus

<p>Record on Appeal to Supreme Court.—A judgment in another case, printed in the transcript on appeal from an order refusing to dissolve an injunction, which is not made a part of the complaint or answer by averment, and was not one of the papers upon which the injunction was granted, or upon which the motion to dissolve was heard, is not a part of the record.</p> <p>Injunction to restrain Sale on Execution.— If a judgment upon which an execution issues, and the execution itself, are void upon their face, an injunction will not he granted to restrain a sale of property levied on under the execution, or the issuing of any other execution on the judgment.</p> <p>Power of Court to stay Execution on Motion.—If a judgment upon which an execution issues and the execution itself are void upon their face, the Court has power on motion to afford relief, and can arrest the process.</p> <p>Power of Judge at Chambers over Executions.—A Judge at chambers has authority to order a suspension of proceedings under an execution until a motion before the Court to recall or quash it can be heard.</p> <p>Complaint to enjoin Execution.—A complaint to enjoin the sale of property under an execution, and the issuance of another execution on the judgment, is devoid of equity, which only avers that the judgment and execution are void on their face, and the insolvency of one of the defendants.</p>