(DOWNLOAD) "Bisno v. Herzberg" by Second Appellate District, Division Two District Court Of Appeal Of California * eBook PDF Kindle ePub Free
eBook details
- Title: Bisno v. Herzberg
- Author : Second Appellate District, Division Two District Court Of Appeal Of California
- Release Date : January 02, 1946
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Feeling aggrieved by being required to satisfy a just obligation as the result of an order made pursuant to section 685 of the Code of Civil Procedure directing the issuance of an execution to enforce a judgment for alimony that has been accumulating for more than 14 years, none of which has been paid, defendant has appealed from the order. Since it is within the discretion of the court to determine whether the applicant for the issuance of an execution has stated sufficient reasons for having failed to proceed under section 681 (§ 685, supra; Corcoran v. Duffy, 18 Cal. App. 2d 658 [64 P.2d 735]; Shields v. Shields, 55 Cal. App. 2d 579, 582 [130 P.2d 982]) and since the court, in the exercise of its discretion, has determined that the reasons given therefor are sufficient, no question concerning the order arises unless the court has abused its power. (McNabb v. McNabb, 47 Cal. App. 2d 623, 627 [118 P.2d 869]; McClelland v. Shaw, 23 Cal. App. 2d 107, 109 [72 P.2d 225].) Therefore, the only question before us is whether the court properly exercised its discretion in finding that the affidavits presented a sufficient excuse for respondents delay beyond the period of five years in applying for an execution.