Helvey V. Castles

We have several appeals from an order made in a proceeding for the issuance of execution upon an old judgment. A. C. Helvey, referred to herein as plaintiff, as assignee of his wife, Katherine, who obtained a judgment against Herman Miller, Blanche A. Miller and others in 1931, made a motion in March, 1945, for execution against defendants Miller, and had a restraining order issued against the transfer of property pending the hearing of the motion. The Millers moved to dissolve the restraining order and for an injunction against further proceedings for collection of the judgment. The several motions were heard together and were disposed of by a single order. The motion of plaintiff was denied as to Herman Miller but execution was ordered to issue against Blanche A. Miller, and the motions of the defendants were denied. Thereafter the Millers appealed from several provisions of the order, including the one for the issuance of execution against Blanche A. Miller. Notwithstanding the appeal the clerk issued execution against Mrs. Miller, but upon the following day certified to the court the fact that execution had been issued erroneously and inadvertently, and the court, upon the certificate of the clerk, ordered the writ quashed and property which had been levied upon released. In No. 15116 plaintiff appeals from the order insofar as it denied his application for a writ against Herman Miller; in No. 15085 he appeals from the order quashing the writ and releasing the property under levy, and in No. 15044 the Millers appeal from the order insofar as it directed execution to issue against Blanche A. Miller and denied their application for an injunction.