Crane v. Hirshfelder
California Supreme Court
Crane v. Hirshfelder, 17 Cal. 467 (Cal. 1861)
Cope
Crane v. Hirshfelder
Opinion of the Court
Baldwin, J. concurring.
The demurrer in this case was improperly sustained. The judgment sought to be impeached is alleged to be without consideration, and a fraud upon the creditors of the judgment debtor. The complaint states all the facts necessary to maintain the action. It is charged that defendant Williams was a party to the fraud, and he is therefore properly united in the suit.
Judgment reversed, and cause remanded for further proceedings.
Reference
- Full Case Name
- CRANE v. HIRSHFELDERs.
- Status
- Published
- Syllabus
- The complaint—the suit being to set aside a judgment of H. L. B. v. Erwin —after setting out minutely the proceedings adopted by them in having the Clerk enter up the judgment, then avers that “said proceedings and circumstances under which said judgment was entered up by said Clerk render the same void in law, the said Clerk having no power or jurisdiction to enter said judgment under the circumstances and in the manner stated, and that the same is fraudulent as against this plaintiff and tends to his great and irreparable injury;” that W., attorney of H. L. & B., was a party to the fraud ; that the judgment was without consideration—was false, covinous and fraudulent— and that E. is insolvent, states facts sufficient to constitute a cause of action; and W. being charged as a party to the fraud, is properly joined as defendant.