Harpke v. Lankershim Estate

This appeal is from a judgment entered pursuant to the order made upon the sustaining of respondents’ demurrer to appellant’s complaint. The action is one in equity to set aside a judgment for costs and disbursements awarded respondents in a previous suit wherein plaintiff was nonsuited. The basis of the instant action is the allegation that respondents committed a fraud upon appellant in the former case by the declaration in the cost bill that $159.25 in costs and disbursements had been incurred be the respondents whereas in fact the latter’s insurer had paid such expenses, as it alone had…