People v. Lafarge
California Supreme Court
Appeal from the Fifth Judicial District, County of San Joaquin. This was an application, in the form of a bill in equity, for relief against a judgment, obtained by the appellants against the respondents, under the following circumstances:— On the 9th December, 1852, the respondents petitioned the .District Court, praying the court to vacate, annul, and set aside a judgment obtained by the appellants against them at October Term, 1852, on a recognizance given by respondents…
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Appeal from the Fifth Judicial District, County of San Joaquin. This was an application, in the form of a bill in equity, for relief against a judgment, obtained by the appellants against the respondents, under the following circumstances:— On the 9th December, 1852, the respondents petitioned the .District Court, praying the court to vacate, annul, and set aside a judgment obtained by the appellants against them at October Term, 1852, on a recognizance given by respondents to appellants, and that they might be allowed to answer and have a trial on the merits of the questions involved, and in…
1Opinion of the CourtHeydeneeldt, Justice
This was a bill in equity, to set aside a judgment which was improperly obtained; the reasons assigned are, that there was no cause of action and no notice to the parties. This remedy is well recognized in all courts having chancery jurisdiction, and the case made out by the complainants is one which fully entitles them to the interposition of the court.
The Chancellor having heard the evidence, and decided that the parties were entitled to the relief sought, we see nothing, either in the pleadings or statement of the case, which will authorize this court to disturb the decree.
Affirmed, with…
2Cited by3 opinions
- Baker v. O'RiordanCalifornia Supreme Court · 1884
- Robb v. RobbCalifornia Supreme Court · 1856
- State v. VarneySuperior Court of New Hampshire · 1814