Munoz v. Auburn Lumber Co.
Munoz v. Auburn Lumber Co.
Opinion of the Court
These two. cases are submitted upon the record of the first case, and the decision shall apply to both.
The plaintiff appellant seeks to enjoin sale under execution to satisfy a judgment in the state court against the Christmas Hill Mining Company of the interest of said mining company in mining machinery held undér conditional sales contract. After levy, claim was made to the sheriff, under the statute of California, for the machinery, by plaintiff, and, no bond being filed, the levy was released, and the writ returned by the sheriff unsatisfied. A receiver thereafter was appointed on petition of the judgment creditor of the mining company, but has not qualified.
On date of hearing, all parties appearing, the show cause order was discharged and restraining order dissolved and injunction denied, from which order this appeal is prosecuted.
It is obvious from the record that, if the complaint states a cause of action, and that if injured, plaintiff has an adequate, speedy, and complete remedy at law.
Affirmed.
Reference
- Full Case Name
- MUNOZ v. AUBURN LUMBER CO. MUNOZ v. LANGSTAFF
- Status
- Published