Campbell v. Wickware

19 Cal. 145
CourtCalifornia Supreme Court
DecidedJuly 1, 1861
StatusPublished

This text of 19 Cal. 145 (Campbell v. Wickware) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Campbell v. Wickware, 19 Cal. 145 (Cal. 1861).

Opinion

Cope, J. delivered the opinion of the Court

Field, C. J. and Baldwin, J. concurring.

The findings in this case do not support the judgment. The proposition is, that real estate of a judgment debtor cannot be sold in satisfaction of a judgment rendered by a Justice of the Peace, unless a transcript of the judgment has been filed in the office of the Recorder of the county, so as to become a lien upon the property. No such proceeding is necessary, except as to property situated in a different county; with reference to property in the same county, the provisions for the enforcement of the execution are identical with those relating to the District Court. (Prac. Act, sec. 602.)

Judgment reversed and cause remanded for a new trial.

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Bluebook (online)
19 Cal. 145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-v-wickware-cal-1861.