[Download] "Mosher v. Ganz" by Arizona Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: Mosher v. Ganz
- Author : Arizona Supreme Court
- Release Date : January 10, 1933
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
It appears from this recital that the sale on the first execution was set aside by order of the court and that there was not sufficient time remaining for the necessary advertisement for another sale on the first execution until the return day fixed by statute had passed. Section 4214, Rev. Code 1928; chap. 66, Session Laws 1929. The proper course under these circumstances would have been for the sheriff to make and file the return showing the judgment unsatisfied by reason of the order of the court before the issuing of the second execution. We think, however, that the effect of his actual procedure was at most to make the second execution voidable and subject to a motion to quash, and that if such motion was not heard before the return on the original execution showing it to be unsatisfied was filed, the case falls squarely within the principle laid down by us in Bank of Douglas v. Neel et al., 30 Ariz. 375, 247 P. 132.
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