Legal Opinion

Lee v. Colquhoun

California Supreme Court

Decided April 26, 1917No. S. F. No. 7243PublishedCited by 13 opinions

The facts are stated in the opinion of the court. H. L. Clayberg, Clark Clement, and Clayberg & Whitmore, for Appellants.

1Opinion of the CourtSloss, J.

The plaintiffs appeal from a judgment entered against them pursuant to an order sustaining a demurrer to their first amended complaint.

The action was one in equity to set aside a money judgment obtained by the defendant herein against the plaintiffs and one Pack, individually and as copartners. It will suffice for present purposes to say that by their complaint the plaintiffs sought to set up, as grounds for equitable relief, that there had not been legal service of summons upon them, and that the judgment had been obtained by fraud. Without examining the sufficiency of the averments relied…

2Cases cited4 opinions

  1. Gregory v. FordCalifornia Supreme Court · 1859
  2. Bell v. ThompsonCalifornia Supreme Court · 1905
  3. Whitney v. KelleyCalifornia Supreme Court · 1892
  4. Matson v. John Batto & SonsCalifornia Supreme Court · 1916

3Cited by13 opinions

  1. Bennett v. Hibernia BankCalifornia Supreme Court · 1956
  2. Cadenasso v. Bank of ItalyCalifornia Supreme Court · 1932
  3. Cantwell v. CantwellIndiana Supreme Court · 1957
  4. Karlslyst v. FrazierCalifornia Supreme Court · 1931
  5. Smith v. BusniewskiCalifornia Court of Appeal · 1952

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