Cordier v. Schloss
California Supreme Court
Appeal from the Fourth District. This case was before the Court in January, 1859, and is reported in 12 Cal. 143, where the facts essential to an understanding of the questions decided now may be found.
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Appeal from the Fourth District. This case was before the Court in January, 1859, and is reported in 12 Cal. 143, where the facts essential to an understanding of the questions decided now may be found. After the return of the cause to the Court below, it was tried upon the issue of actual fraud in the confession of judgment made by Kohn & Brother in favor of Schloss & Heilbroner, plaintiff contending that the judgment was, on its face, prima fade fraudulent, and further introducing evidence aliunde tending to show that it was actually so. The Court below made the following decree: “ This…
1Opinion of the Court
Baldwin J. delivered the opinion of the Court
Field C. J. concurring.
This case was before us at the January term, 1859, (12 Cal. 146). The case was presented, when first here, upon the question whether the failure of the defendants below, who were plaintiffs in the confessed judgment against Kohn & Co., to give a more particular account of the indebtedness confessed, absolutely avoided the judgment—the learned Judge of the Fourth District holding the statement and affidavit to be fatally defective, and, on that account, the judgment a nullity. In our decision on the case (12 Cal. 147) we…
2Cases cited1 opinion
- Cordier v. SchlossCalifornia Supreme Court · 1859
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