Cross v. Zane
SAMUEL CROSS v. JOHN P. ZANE
- Area
- civil
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
By the Court:
If the controversy here were to be determined by the application of the general principles of law, there would certainly be found to be an irreconcilable conflict between the adjudicated cases upon the point. But, as we construe the statute (Pr. Act, Sec. 237; Code Civ. Proc. 708), the case is covered by the provision that the original judgment may be revived “when the property sold was not subject to execution and sale.'’ The statute, being remedial in its character, is to receive a liberal construction, and we think that where, as here, the property sold was not the property of the defendant in execution, but wholly that of a stranger, it amounted to a sale of property not subject to execution and sale, within the intent of the act.
Judgment reversed and cause remanded. Remittitur forthwith.
Cited by
- Lincoln v. Dreher Civ. No. 4418 · 1951-12-18
- Betty v. Superior Court L. A. 17892 · 1941-09-22
- Heine Piano Co. v. Bloomer S. F. No. 8703. · 1920-07-28
- Merguire v. O'Donnell S.F. No. 3384. · 1903-04-01
- Hitchcock v. Caruthers No. 18158 · 1893-10-14
- Scherr v. Himmelmann No. 5573 · 1878-07-01