Ryan v. Daly
California Supreme Court
Appeal from the District Court of the Sixth Judicial District. Bill to enjoin a judgment confessed by defendant Daly, to defendants Douglass & Co. It is admitted that Douglass & Co. were bona ficle creditors of Daly, in the amount of the judgment, and were ignorant of any fraud in the entering of the judgment, but that Daly, knowing that the plaintiff, also his creditor, was about to issue an attachment, and being in failing circumstances, confessed the judgment, and caused…
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Appeal from the District Court of the Sixth Judicial District. Bill to enjoin a judgment confessed by defendant Daly, to defendants Douglass & Co. It is admitted that Douglass & Co. were bona ficle creditors of Daly, in the amount of the judgment, and were ignorant of any fraud in the entering of the judgment, but that Daly, knowing that the plaintiff, also his creditor, was about to issue an attachment, and being in failing circumstances, confessed the judgment, and caused an execution to issue and levy to be made, without the knowledge of Douglass & Co., for the purpose of preferring them…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Justice Terry.
Mr. Chief Justice Murray concurred.
It is admitted by the parties, that Daly being in failing circumstances, confessed a judgment in favor of Douglass & Co., and himself procured an execution to be issued and levied on his property without the knowledge or solicitation of Douglass & Co.; that this was done with a full knowledge of plaintiff’s intention to sue out an attachment against him, and for the purpose of preventing the plaintiff from satisfying the same out of his (Daly’s,) property.
The 20th section of the statute, concerning…
2Cited by2 opinions
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