54 Cal. 637 | Cal. | 1880
September 12th, 1877, plaintiff recovered judgment against defendants Hodgkins, Mills Jr., Howlett, and Griffiths, for the possession of certain lands, and for $500 rents and profits, $200 damages, and for costs. A writ of possession and execution was
The District Judge had no authority to make the orders of December 20th, 1878, and of January 24th, 1879, and the Court erred in refusing to set aside and vacate those orders, and in making the order of January 25th, 1879, staying the execution. Plaintiff having obtained his judgment, is entitled to enforce it, unless it be set aside or modified in due course of law.
The orders of January 25th, 1879, and March 14th, 1879, are reversed, and this cause is remanded to the Superior Court of Kern County, with instructions to vacate the orders of December 20th, 1878, and January 24th, 1879.
Thornton P. J., and Sharpstein, J., concurred.