Legal Opinion

Zellerbach v. Allenberg

California Supreme Court

Decided August 17, 1885No. 9781PublishedCited by 16 opinions

Appeal from a judgment of the Superior Court of Sierra County. The facts are stated in the opinion of the court.

1Opinion of the CourtMyrick, J.

The complaint in this case was filed to set aside, on the ground of fraud, a judgment which had been *297obtained, by Allenberg and Goldstein against Zellerbach. In the court below, judgment on demurrer was rendered for the defendants.

The case, as presented by the plaintiff herein, why the judgment in the former case should be set aside, is substantially as follows: Allenberg and Goldstein commenced an action against Zellerbach to foreclose a mortgage executed by the latter to Allenberg. In the complaint in that case, it was alleged that the mortgage was given to secure the payment of a note for…

2Cases cited4 opinions

  1. United States v. ThrockmortonSupreme Court of the United States · 1878
  2. French v. GarnerSupreme Court of Alabama · 1838
  3. Ede v. HazenCalifornia Supreme Court · 1882
  4. Weir v. VailCalifornia Supreme Court · 1884

3Cited by16 opinions

  1. Bradley Co. v. BradleyCalifornia Supreme Court · 1913
  2. Donovan v. MillerIdaho Supreme Court · 1906
  3. James v. GibsonSupreme Court of Arkansas · 1904
  4. United States v. SpohrerDistrict Court, D. New Jersey · 1910
  5. Irvine v. LeyhSupreme Court of Missouri · 1890

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