Ellis v. Gordon

Stevens, J.(1) The record does not disclose the basis of the trial court’s decision. The court made no finding upon the only issue raised by the answer, which was that the assignment was secured by the fraud and false representations of the plaintiff’s agent and that therefore the enforcement of the judgment should be enjoined.

In order to determine the rights of the parties we must examine the nature of the judgment here in question and the rights of the parties under such a judgment. Although entered upon cognovit, the judgment is nevertheless the judgment of the court of a sister state…