Opinion
Appeal from the District Court of the Fourteenth Judicial District, San Bernardino County.
The action was brought to enjoin a sale of real property levied upon and advertised for sale under two executions from a Justice's Court--one issued under a judgment in favor of defendant Allshiel, and the other in favor of defendant Tobacco Company--the defendant Curry being the Sheriff. The defendants filed special demurrers, that they were not jointly affected by the two judgments. The demurrers were overruled and judgment was rendered for the plaintiff. The defendants appealed.
COUNSEL:
J. D. Boyer, for Appellants, cited Code of Civil Procedure, sec. 427; Andrews v. Pratt , 44 Cal. 319.
A. B. Paris, for Respondents.
OPINION
THE COURT
Judgment reversed and cause remanded, with directions to sustain the demurrer to the complaint for the misjoinder of parties defendant. Remittitur forthwith.