Slavonic Illyric Mutual Benevolent Ass'n v. Superior Court
Slavonic Illyric Mutual Benevolent Ass'n v. Superior Court
Opinion of the Court
This is an application for a writ of review. In an action brought by petitioner against one Mullinary, to recover the amount due on a promissory note, judgment was rendered in favor of the petitioner for the amount due thereon, and executions were issued. The note had been assigned by one Marinovieh to said petitioner. After the rendering of the judgment, it was claimed on behalf of Marinovieh that at the time of the assignment he was an incompetent person, by reason of insanity. The defendant in that action paid the amount of the judgment to the clerk of the court, and the court ordered satisfaction of the judgment to be entered and the money retained
Order to show cause discharged and application denied.
Reference
- Full Case Name
- SLAVONIC ILLYRIC MUTUAL BENEVOLENT ASSOCIATION v. SUPERIOR COURT OF SANTA CLARA COUNTY
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- Abbeab—Cebtiobabi—Obdeb Made Afteb' Potad Judgment.—An order of court directing that money which had been paid into court in satisfaction of a judgment, and which was claimed by a third party, be retained by the clerk until the determination of proceedings instituted to ascertain the right of the claimant to the money, is an order made after final judgment, and therefore appealable. It is not the subject of review by certiorari.