Uhlfelder v. Levy
California Supreme Court
Appeal from the District Court of the Tenth Judicial District, County of Yuba. This was a bill in equity to set aside certain assignments of property, and to compel a debtor to apply his property to the payment of plaintiffs’ debt, and also for an injunction.
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Appeal from the District Court of the Tenth Judicial District, County of Yuba. This was a bill in equity to set aside certain assignments of property, and to compel a debtor to apply his property to the payment of plaintiffs’ debt, and also for an injunction. The complaint alleges that Davis Levy and others conspired with Barnard Levy to defraud the creditors of the former; that to accomplish this purpose, Davis Levy assigned a note he held against M. Kime to Bernard Levy; and the latter commenced suit upon the note in the District Court of Placer county, on the seventh of December, 1857;…
1Opinion of the Court
Burnett, J., after stating the facts, delivered the opinion of the Court—Terry, C. J., concurring.
The rule established by repeated decisions of this Court is not controverted by the learned counsel of plaintiffs. But they insist that this case is clearly distinguishable from the cases of Ricketts and Wife v. Johnson and others, 8 Cal. R., 34, and Anthony v. Dunlap, 8 Cal. R., 26. It is contended that as those cases are between the same persons who were parties to the former suit, those decisions can not apply to this case, in which new parties are brought in, who could not have set up the…
2Cases cited1 opinion
- Price v. Johnson CountySupreme Court of Missouri · 1852
3Cited by8 opinions
- Spreckels v. Hawaiian Commercial & Sugar Co.California Supreme Court · 1897
- Scott v. RunnerIndiana Supreme Court · 1896
- Heine Piano Co. v. BloomerCalifornia Supreme Court · 1920
- Benítez v. PortelaSupreme Court of Puerto Rico · 1919
- Monagas v. RiveraSupreme Court of Puerto Rico · 1924
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