Legal Opinion

Mogk v. Peterson

California Supreme Court

Decided March 31, 1888No. 12381PublishedCited by 10 opinions

Appeal from a judgment of the Superior Court of Colusa County, and from an order refusing a new trial. The facts are stated in the opinion.

1Opinion of the Court

Hayne, C.

Action by the assignee of an insolvent to recover the value of certain property which is claimed to have been transferred to the defendant in fraud of the rights of the creditors. The court below gave judgment for a portion only of the amount claimed, and each side appeals.

Upon the appeal of the plaintiff, the question is, whether the court was right in holding that part of the property transferred was exempt from execution, and therefore not a part of the property to which plaintiff was entitled as assignee. The findings state that all this portion of the property consisted of…

2Cases cited3 opinions

  1. Blankman v. VallejoCalifornia Supreme Court · 1860
  2. Luhrs v. KellyCalifornia Supreme Court · 1885
  3. In re RussellCalifornia Supreme Court · 1886

3Cited by10 opinions

  1. Treat v. TreatCalifornia Supreme Court · 1915
  2. Mattock v. GoughnourMontana Supreme Court · 1891
  3. Davis v. HinckleyCalifornia Supreme Court · 1895
  4. McLennan v. Bank of CaliforniaCalifornia Supreme Court · 1891
  5. Weyer v. WeyerCalifornia Court of Appeal · 1919

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