Spanagel v. Dellinger
California Supreme Court
Appeal from the District Court of the Fourth District, City and County of San Francisco. The facts of the case, so far as they are material to present distinctly the points decided by the Court, are as follows : The plaintiff, a judgment-creditor of Treadway, brought this action to set aside and have declared fraudulent and void, deeds of conveyance of certain property therein described, from Treadway to Dellinger, and from Dellinger to Eeay, on the ground that the first was…
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Appeal from the District Court of the Fourth District, City and County of San Francisco. The facts of the case, so far as they are material to present distinctly the points decided by the Court, are as follows : The plaintiff, a judgment-creditor of Treadway, brought this action to set aside and have declared fraudulent and void, deeds of conveyance of certain property therein described, from Treadway to Dellinger, and from Dellinger to Eeay, on the ground that the first was made with the intention to defraud creditors; and that the second was obtained by Eeay with a full knowledge of such…
1Opinion of the CourtSprague, J.
The appeal from the judgment in this case having heretofore been dismissed, we can now consider only the appeal from the order denying defendants’ (Reay and Ellis) motion for a new trial, and, in reviewing this order, we cannot review any finding of fact by the Court below, under the first general assignment of error, for the reason that appellants, in their statement of motion for new trial, have failed to specify the particulars in which the evidence is alleged to be insufficient to justify the findings. (Practice Act, Section 195; Hutton v. Reed, 25 Cal. 478; Carleton v. Townsend, 28 Id.…
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