What is the test for obtaining possession of a property under Section 1254 of the Criminal Code?

California, United States of America


The following excerpt is from City of Burbank v. Nordahl, 18 Cal.Rptr. 710, 199 Cal.App.2d 311 (Cal. App. 1962):

The case at bar is unusual in that the proceedings to obtain possession under Section 1254 were instituted after entry of judgment, as provided in that section, but the judgment in question subsequently was set aside. The statute, when read as a whole, clearly indicates an intention to provide a method for the taking of possession under such circumstances. (Heilbron v. Superior Court, 151 Cal. 271, 90 P. 706.) However, the unusual nature of the instant case clearly distinguishes it from the cases

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