51 Cal. 501 | Cal. | 1876
The plaintiff having brought an action on a money demand against the defendant, Olvera, caused an attachment to issue, under which Luco & Allison were summoned as garnishees. Having subsequently obtained a judgment against Olvera, the plaintiff caused an execution to issue, which was placed in the hands of the sheriff, and” while it was in force Luco & Allison were again summoned as garnishees under the execution, and thereupon, on motion of the plaintiff, the court entered an order appointing a referee, and directed the garnishees to apjoear before him to answer concerning their indebtedness, “ and abide by and perform such order as said referee may make in the premises.” At the hearing before the referee the garnishees appeared and were examined on oath, and both of them, on said examination, denied that they were indebted to Olvera. But from their testimony, together with other evidence taken at the hearing, the referee decided that they were indebted to him in a large sum, and thereupon entered an order directing the garnishees to pay to the sheriff, within a specified time, the sum so found to be due, and in default thereof that the plaintiff be entitled to an execution against them. Thereupon the garnishees moved the court to vacate the order appointing the referee, and also the report and order of the referee, and at the same time the plaintiff moved the court to confirm the report and order. On the hearing, the court denied the motion of the garnishees, and granted the plaintiff’s motion, and directed an execution to issue against the garnishees, for the sum found by the referee to be due. From this order the garnishees appealed.
Section 720 of the Code of Civil Procedure provides, in this class of cases, that “if it appear that a person or corporation, alleged to have property of the judgment debtor, or to be indebted to him, claims an interest in the property adverse to him, or denies the debt, the court or judge may
Bemittitur forthwith.