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88 Cal. 446

Moulton v. Knapp

California Supreme Court

Decided March 25, 1891

California Supreme Court · decided 1891-03-25

The action was brought to enjoin the execution of _a judgment rendered on a cognovit, the plaintiffs basing their claim to relief on an alleged promise of the defendant Knapp, that if they would allow judgment to be entered, he would stay execution for a year. An injunction was granted upon the complaint, and upon a former appeal (85 Cal. 885) the order granting it was reversed.

Relies on Moulton v. Knapp

Decided 1891-03-25

Paterson, J.

¶1In Moulton v. Knapp, 85 Cal. 385 (this cause), an injunction had been granted on a verified complaint alone. It was held that plaintiffs’ remedy, if any they had, was by motion to set aside the execution, and to stay all process until the expiration of the year; that plaintiffs were not entitled to an injunction. That decision is the law of the case, and is conclusive of the question involved in this appeal. The judgment appealed from is based upon the complaint on which the preliminary injunction referred to was granted, and decrees to plaintiffs the relief therein prayed for.

¶2Judgment reversed.

¶3McFarland, J., De Haven, J., Garoutte, J., Harrison, J., and Sharpstein, J., concurred.

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