From Casetext: Smarter Legal Research

Green v. Thomas

Supreme Court of California
Oct 1, 1860
17 Cal. 86 (Cal. 1860)

Opinion

         Appeal from the Thirteenth District.

         Action to restrain defendant from enforcing a judgment in his favor against plaintiff, on the ground that the judgment had been discharged by a decree in insolvency.

         The only point made in the Court below was, whether the debt from Green to Thomas was sufficiently described in Green's schedule. The description was: " No. 3. John W. Thomas, of Mariposa; a judgment in District Court; amount now due about nine hundred dollars."

         The Court below held, that although the proceedings in insolvency were otherwise regular, the description was insufficient; that the judgment was not discharged; and accordingly dissolved the preliminary injunction issued to restrain the execution.

         Plaintiff appeals.

         Judgment affirmed.

         COUNSEL

          Robinson, Beatty & Heacock, for Appellant, cited 2 Carr. & Payne, 119; 4 Barn. & Cress, 15; Chitty on Cont. 188-9.

          Heydenfeldt, for Respondent, cited 7 Cal. 428; 9 Id. 477; 10 Id. 483, as to description; and Imlay v. Carpentier, 14 Cal. 173, to the point that plaintiff had mistaken his remedy, and that equity had no jurisdiction.


         JUDGES: Cope, J. delivered the opinion of the Court. Field, C. J. concurring.

         OPINION

         COPE, Judge

         If the plaintiff is entitled to relief, he has a sufficient remedy by motion; and upon that ground the judgment is affirmed. (Imlay v. Carpentier, 14 Cal. 173 .)

         Judgment affirmed.


Summaries of

Green v. Thomas

Supreme Court of California
Oct 1, 1860
17 Cal. 86 (Cal. 1860)
Case details for

Green v. Thomas

Case Details

Full title:GREEN v. THOMAS

Court:Supreme Court of California

Date published: Oct 1, 1860

Citations

17 Cal. 86 (Cal. 1860)

Citing Cases

Rahm v. Minis

(Demitt v. Hays, 2 Cal. 463; Supton v. Supton, 3 Cal. 121; Logan v. Hillegass, 16 Cal. 200; Tevis v. Ellis,…

California Beet Sugar Co. v. Porter

The action cannot be maintained, as the plaintiff had a legal remedy by motion. (Code Civ. Proc., sec. 473;…