Sipe v. McKenna

VALLÉE, J.

Suit in equity to set aside a judgment on the ground of extrinsic fraud. The judgment followed the sustaining of an objection by defendants to the introduction of any evidence. Plaintiff appeals. The sole question for decision is whether the complaint states facts sufficient to constitute a cause of action. (Miller v. McLaglen, 82 Cal.App.2d 219, 223 [186P.2d48].)

The complaint, in two counts, alleged the following facts: Plaintiff is the owner and holder of a promissory note dated June 21, 1930, executed by Herman A. Paulk and Mary Agnes Paulk, in the amount of $1,250, payable three…