¶1— There is no equity in the complainant’s bill. If the judgment of the justice is coram non judiee, the seizure of the complainant’s property to satisfy it will be a trespass, for which he has a remedy at law.
¶2Let the bill be dismissed.
1 Cal. Unrep. 40
White v. Harris
Decided November 18, 1856
California Supreme Court · decided 1856-11-18
The plaintiff applied for an injunction to restrain the defendants from proceeding upon an execution issued by a justice of the peace on a judgment for less than two hundred dollars. White had been unsuccessful defendant in an action before the justice brought by James McKeever and T. H. Nickerson. Harris was assignee of the judgment and Stocker the sheriff of Marin county into whose hands the writ had been placed.
Decided 1856-11-18