¶1I concur in the judgment, but it is unnecessary to decide in this case that the respondents were entitled to have the execution recalled on motion based upon a mere verbal agreement for the extension of time. It is enough to say that they were not entitled to the remedy sought in this action.
85 Cal. 385
Moulton v. Knapp
Decided August 30, 1890
California Supreme Court · decided 1890-08-30
<p>Injunction — Restraining Execution Sale — Violation of Agreement — Remedy by Motion — Laches. — An action will not lie to enjoin the selling of property levied upon under execution and to compel the carrying out of a verbal agreement to stay execution for a year, in consideration of a confession of judgment, where it appears that the plaintiffs were guilty of laches in not taking advantage of their adequate and speedy legal remedy by a motion to set aside the execution that had been levied, and to stay all other process until the expiration of the year agreed upon.</p> <p>Equity — Remedy at Law. — Where there is an adequate and speedy remedy at law, the injured party is not entitled to the assistance of a court of equity.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1890-08-30
How this case has been cited
Cited by 4 later decisions — most recently November 1929
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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