Legal Opinion

Weir v. Vail

California Supreme Court

Decided July 26, 1884No. 8,916PublishedCited by 7 opinions

Appeal from a judgment of the Superior Court of the county of Los Angeles, and from an order refusing a new trial. The facts appear in the opinion of the court.

1Opinion of the CourtMyrick, J.

This is an action brought on a judgment recovered by plaintiff against defendant in the Supreme Court of the State of New York. The court below permitted the defendant to go behind that judgment and interpose as a defense matters existing when the action on which the judgment was rendered was brought, and, finding that by fraudulent practices the defendant had been prevented from having the benefit of his defense, enjoined the collection of the judgment. The correctness of such action on the part of the court is the question for consideration. •

*467Weir, Vail, and one White had entered into an…

2Cases cited1 opinion

  1. United States v. ThrockmortonSupreme Court of the United States · 1878

3Cited by7 opinions

  1. Ponce ex rel. Monzón González v. F. Badrena e Hijos, Inc.Supreme Court of Puerto Rico · 1952
  2. Zellerbach v. AllenbergCalifornia Supreme Court · 1885
  3. Coady v. LeggCalifornia Court of Appeal · 1932
  4. First National Bank of Brooklyn v. WallisSupreme Court of New Jersey · 1896
  5. Smith v. Great Lakes Airlines, Inc.California Court of Appeal · 1966

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