Sidebilder
PDF
ePub

Therefore, we command you, that immediately after receiving this writ, you go to and enter upon the said piece or parcel of land, and that you eject and remove therefrom all and every person or persons holding or detaining the same, or any part thereof, against the said Chas. Lamb; and that you put and place the said Charles Lamb or his assigns in the full, peaceable and quiet possession of the said piece or parcel of land without delay; and him, the said Chas. Lamb, in such possession thereof from time to time to maintain, keep and defend, or cause to be kept, maintained and defended, according to the tenor and true intent of the said decree and order of the said court.

Witness, Hon. John S. Hagar, judge of the fourth judicial district, at the city-hall in the city and county of San Francisco, and the seal of said court, this sixth day of July, A. D. 1859. [L. 8.] WILLIAM DUER, Clerk.

By S. L. LUPTON, Deputy Clerk.

Writ of Execution.

State of California,

City and County of San Francisco,}

In the District Court of the Fourth Judicial District.

The People of the State of California to the Sheriff of the City and County of San Francisco, greeting:

Whereas, on the fifth day of February, A. D. 1859, Charles Box, plaintiff, recovered a judgment in the district court of the fourth judicial district, against Peter Chest, for the sum of five hundred dollars damages, with interest thereon at the rate of ten per cent. per annum till paid, together with his costs and disbursements at the date of said judgment, and accruing costs, amounting to the sum of two hundred and five dollars, as appears to us of record.

[ocr errors]

And whereas, the judgment roll in the action in which said judginent was entered, is filed in the clerk's office of said court, in the city-hall, in said city and county of San Francisco, and the said judgment was docketed in said clerk's office, in said city and county, on the sixth day of February, 1859, and the sum of seven hundred and five dollars, with interest as aforesaid, is now (at the date of this writ) actually due on said judgment,

5

100

65 100

Now, you, the said sheriff, are hereby required to make the said sum of five hundred dollars damages, with interest as aforesaid, and said sum of two hundred and five dollars of costs, to satisfy the said judgment, out of the personal property of the said debtor, Peter Chest, in your county, and if sufficient personal property of said debtor cannot be found, then out of the real property in your county belonging to said Peter Chest, on the sixth day of February, 1859, (the day whereon

said judgment was docketed

your county,) or at any time thereafter; and to have those moneys before our said court, at the clerk's office of said court, at the city-hall in the city and county aforesaid, on the twentysixth day of February, A. D. 1859, to render unto the said Charles Box, plaintiff, in satisfaction for the damages, interest and costs aforesaid: and have you then there this writ with a return under your hand of what you have done thereunder.

Witness, Hon. John S. Hagar, judge of our district court of the fourth judicial district, at the city-hall in the said city and county, this sixth day of February, A. D. 1859.

[L. S.]

Attest my hand and the seal of the said court, the day and year last above written.

Another Form.

WILLIAM DUER, Clerk.

District Court of the Fourth Judicial District of the State of California, City and County of San Francisco.

The People of the State of California to the Sheriff of the

County of

Whereas, on the

18

day of

greeting: , A. D. plaintiff, recovered

a judgment in the said district court of the fourth judicial district of the state of California, in and for the city and county of San Francisco, against

for the sum of

with interest

per cent. per

dollars, damages, at the rate of

till paid, together with

costs and disbursements at the date of said judgment, and accruing costs, amounting to the sum of

as appears to us of record.

And whereas, the judgment roll in the action in which said. judgment was entered, is filed in the clerk's office of said court, in the city and county of San Francisco, and the said judgment was docketed in said clerk's office, in the said city and county, on the day and year first above written.

And the sum of $

actually due on said judgment.

[ocr errors]

with interest

is now (at the date of this writ)

Now, you, the said sheriff, are hereby required to make the said sums due on the said judgment, for damages, with interest as aforesaid, and costs and accruing costs, to satisfy the said judg ment, out of the personal property

of the said debtor

or, if sufficient personal property of said debtor cannot be found, then out of the real property in your county

belonging to

on the day whereon said judgment was docketed, in the aforesaid city and county, or at any time thereafter; and make return of this writ within

days, with what you have endorsed hereon.

Witness, Hon.

, judge

of the fourth judicial district of the state of California, at the court-house, in the city and county of San Francisco, this

A. D. 18

day of Attest my hand and the seal of said court, the day and year last above written.

By

Clerk.
Deputy Clerk.

Order for Removal of Cause to United States Court.*

In the District Court of the Sixth Judicial District of the State of California, in and for the County of Sacramento. Joseph Brown against John Smith.

Upon reading and filing the petition of John Smith, the defendant in the above-entitled action, and upon finding the bond and sureties offered by him, the said defendant in the premises, good and sufficient, and the same being by me, the judge of said district court, duly accepted, it is hereby ordered that no further proceedings be had in this cause, and the removal of the same to the Circuit Court of the United States for the districts of California, to be held in and for the northern district of California, be, and the same is hereby allowed and ordered, in accordance with the aforesaid petition, and the statute of the United States in such case made and provided.

Dated, Sacramento, June 23, 1859.

Certificate to Transcript on Appeal to the Supreme Court.

[merged small][merged small][ocr errors][merged small]

Clerk's Office of the District Court of the 4th Judicial District. I, William Duer, clerk of the district court of the fourth judicial district, do hereby certify, that the foregoing complaint, amended answer, judgment, settled statement and notice of ap

* The matter of removal of actions from a State Court to the U. S. Court is freely considered in Conkling's Treatise, 8d ed. p. 475.

peal are true and correct copies of the original papers on file in my office, and of the order of trial entered in the riinutes of said court, and that the same constitute the transcript or appeal from the judgment made and entered on the 27th day of August, A. D. 1859, in favor of said plaintiff and against said defendant. I do further certify, that the undertaking on appeal has been duly filed according to law.

In witness whereof, I have hereunto set my hand and seal of said district court of fourth judicial district, this first day of May WILLIAM DUER, Clerk.

1859.

[L. 8.]

By JAMES B. McMINN, Deputy Clerk.

Certificate of Official Character.

State of California,

City and County of San Francisco,

ss:

I, William Duer, clerk of the county court of the city and county of San Francisco, state of California, do hereby certify, that whose genuine signature is affixed to the foregoing certificate, was, at the time of signing the same, and still is, of the city and county of San Francisco, duly authorized by law to take such acknowledgment, or to administer such oath and certify the same (or to make such certificate), and that full faith and credit are due to all his official acts.

Witness my hand and the seal of said county court, this

day of

[L. S.]

A. D. 18.

WILLIAM DUER, Clerk.
By J. F. BOWMAN, Deputy Clerk.

Certificate of Exemplification of Record.

State of California,

City and County of San Francisco,

}

SS:

I, William Duer, county clerk of the city of San Francisco, state of California, and ex officio clerk of the Probate Court thereof, do hereby certify, that the foregoing eight pages, numbered from one to eight inclusive, contain a true, full, and correct transcript of all the papers, orders, and proceedings on file, and of record in any office, in the matter of the estate of A. B. deceased.

Witness my hand and the seal of said Probate Court, this fourteenth day of April, one thousand eight hundred and fiftynine. WILLIAM DUER, Clerk.

[L. s.]

Certificate of Judge to Signature, &c., of the Clerk.

State of California,

City and County of San Francisco,

[blocks in formation]

I, M. E. Blake, judge of the Probate Court of the city and county of San Francisco, do hereby certify, that William Duer, whose genuine signature is affixed to the foregoing certificate, is, and was at the time of signing the same, the clerk of said court, duly authorized by law to make such, certificate, that he is the legal keeper of said record, and that the foregoing attestation is in due form.

Witness my hand, this fifteenth day of April, one thousand eight hundred and fifty-nine.

M. C. BLAKE, Probate Judge.

Certificate of Exemplification of Record.

The People of the State of California, by the grace of God free and independent, to all to whom these presents shall come, greeting:

Know ye, that we, having inspected the records and files in the office of the clerk of the city and county of San Francisco, and clerk of the district court of the twelfth judicial district of the state of California, in and for said city and county, do find a certain judgment roll there remaining of record, which is in the words and figures following, to wit: [here insert the record and conclude as follows,] all of which we have caused to be exemplified in accordance with the act of Congress.

Attest my hand and the seal of said 12th district court, this first day of July, A. D. one thousand eight hundred and fiftyWILLIAM DUER, Clerk. By WM. R. SATTERLEE, Deputy.

nine.

[L. 8.]

Certificate to Copy of a Record, or Paper, on File in the Clerk's

State of California,

Office.

City and County of San Francisco,
County Clerk's Office, May 1, 1859.

[ocr errors]

SS:

I, William Duer, county clerk of the city and county of San Francisco [where the paper is on file or on record in one of the courts of which he is clerk, add, and clerk of the

court],

do hereby certify, that I have compared the foregoing copy of a [name the instrument], and of the endorsements thereupon, with the original records of the same remaining in this office [or, with the originals now remaining on file in this office], and that

« ForrigeFortsett »