Benson v. Harriman
California Court of Appeal
The facts are stated in the opinion of the court.
1Opinion of the CourtBurnett, J.
The action was brought by a judgment creditor to set aside an alleged fraudulent transfer, and from the judgment in favor of plaintiff the appeal has been taken.
[1] A general demurrer was interposed to the complaint, and the first point made is that the trial court erred in overruling it. The objection upon which appellants seem to rely chiefly is that it does not appear in the complaint that there was an exhaustion of legal remedies so as to authorize the equitable action. The allegation in that respect is: “That execution was issued upon said judgment on the twenty-first day of December,…
2Cases cited23 opinions
- McMinn v. WhelanCalifornia Supreme Court · 1865
- Brown v. CampbellCalifornia Supreme Court · 1893
- First National Bank of Los Angeles v. MaxwellCalifornia Supreme Court · 1899
- Melvin v. StateCalifornia Supreme Court · 1898
- Sewell v. JohnsonCalifornia Supreme Court · 1913
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3Cited by16 opinions
- Fross v. WottonCalifornia Supreme Court · 1935
- Tobias v. AdamsCalifornia Supreme Court · 1927
- Adams v. BellCalifornia Supreme Court · 1936
- Allee v. ShayCalifornia Court of Appeal · 1928
- Hanscome-James-Winship v. AingerCalifornia Court of Appeal · 1925
11 more not listed; retrieve them via the Exa API.