Kellogg v. Maddocks

Opinion by

Lewis, Associate Justice.

The case is this — the plaintiff filed his complaint in the District court alleging as his cause of action:

That in July, 1869, defendant commenced suit against him in the District court of King county, to recover a sum of money alleged to be due.

That issue was joined and the cause heard, and that defendant testified in the case; which testimony was willfully false, and was given for the purpose of wronging plaintiff herein.

That he was taken by surprise by reason of said testimony.

That the District court rendered judgment against him in said cause; a motion…