White v. Nunan

California Supreme Court

White v. Nunan

60 Cal. 406, 1882 Cal. LEXIS 478

CourtCalifornia Supreme Court

DecidedApril 10, 1882

DocketNo. 6,632

StatusPublished

Cited by12 cases

This text of 60 Cal. 406 (White v. Nunan) 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

White v. Nunan, 60 Cal. 406, 1882 Cal. LEXIS 478 (Cal. 1882).

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Opinion

McKee, J.:

On March 5, 1878, defendant, N. Proctor Smith, having recovered judgment against one John Miller for ten thousand five hundred and eighty-four dollars and costs, caused an execution to be issued thereon, and placed in the hands of his co-defendant, who, then being Sheriff of the City and County of San Francisco, levied the same upon the premises in controversy, and advertised them for sale according to law, to satisfy the execution. The plaintiff, claiming to be the owner in fee of the premises as her separate estate, commenced the action, out of which this case arises, to enjoin the sale as a cloud upon her title. On filing the complaint, the Court below awarded her an injunction enjoining the sale. The defendants answered the complaint, and, on the coming in of the answer, moved to dissolve the injunction. The motion was denied, and from the order of denial the defendants appeal.

The continuance or dissolution of an injunction to prevent a sale of property, pending an action between the parties to determine the right to the property, is a matter within the sound discretion of the Court that issues the injunction; and this Court will not interfere with the exercise of that discretion, except in a case of palpable error or abuse of discretion. (De Godey v. Godey, 39 Cal. 167; McCreery v. Brown, 42 id. 462; Patterson v. Board of Supervisors, 50 id. 345; Efford v. S. P. R. R. Co., 52 id. 277; Coolot v. C. P. R. R. Co., 52 id. [408]*40865; Payne v. McKinley, 54 id. 532; Parrott v. Floyd, 54 id. 534.) In the case in hand there appears to be no such error or abuse of discretion, and the order is affirmed.

Ross and McKinstet, JJ., concurred.

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McKee, J.:

On March 5, 1878, defendant, N. Proctor Smith, having recovered judgment against one John Miller for ten thousand five hundred and eighty-four dollars and costs, caused an execution to be issued thereon, and placed in the hands of his co-defendant, who, then being Sheriff of the City and County of San Francisco, levied the same upon the premises in controversy, and advertised them for sale according to law, to satisfy the execution. The plaintiff, claiming to be the owner in fee of the premises as her separate estate, commenced the action, out of which this case arises, to enjoin the sale as a cloud upon her title. On filing the complaint, the Court below awarded her an injunction enjoining the sale. The defendants answered the complaint, and, on the coming in of the answer, moved to dissolve the injunction. The motion was denied, and from the order of denial the defendants appeal.

The continuance or dissolution of an injunction to prevent a sale of property, pending an action between the parties to determine the right to the property, is a matter within the sound discretion of the Court that issues the injunction; and this Court will not interfere with the exercise of that discretion, except in a case of palpable error or abuse of discretion. (De Godey v. Godey, 39 Cal. 167; McCreery v. Brown, 42 id. 462; Patterson v. Board of Supervisors, 50 id. 345; Efford v. S. P. R. R. Co., 52 id. 277; Coolot v. C. P. R. R. Co., 52 id. [408]*40865; Payne v. McKinley, 54 id. 532; Parrott v. Floyd, 54 id. 534.) In the case in hand there appears to be no such error or abuse of discretion, and the order is affirmed.

Ross and McKinstet, JJ., concurred.

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Bluebook (online)

60 Cal. 406, 1882 Cal. LEXIS 478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-nunan-cal-1882.

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