Legal Opinion

Spencer v. Vigneaux

California Supreme Court

Decided July 1, 1862PublishedCited by 10 opinions

Appeal from the Twelfth Judicial District. This action was commenced in the District Court of the Twelfth District, on the fifth day of January, 1858. The complaint sets forth that on the tenth day of January, 1858, the plaintiff, II; B. Spencer, recovered a judgment against the defendants, E. Vigneaux, E. Grisar and C. De Boom, in the Superior Court of San Francisco, for $22,061.91 and costs in the sum of $672.73 ; that defendants have since made certain payments thereon,…

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Appeal from the Twelfth Judicial District. This action was commenced in the District Court of the Twelfth District, on the fifth day of January, 1858. The complaint sets forth that on the tenth day of January, 1858, the plaintiff, II; B. Spencer, recovered a judgment against the defendants, E. Vigneaux, E. Grisar and C. De Boom, in the Superior Court of San Francisco, for $22,061.91 and costs in the sum of $672.73 ; that defendants have since made certain payments thereon, leaving still due $14,768.44, for which, with interest, plaintiff asks judgment. The answer of the defendant 0. De Boom…

1Opinion of the CourtCope, J.

This is an action to recover a balance alleged to be due on a judgment rendered by the late Superior Court of the city of San Francisco. Two of the defendants answer, charging fraud in the procurement of the judgment, and claiming that there is nothing legally or properly due thereon. The alleged fraud consists in the concealment of a credit of $10,000, to which the defendants were entitled on the indebtedness upon which the judgment was obtained. The facts in regard to this credit are clearly made out, and it is evident that a conspiracy existed between the plaintiff and the defendant…

2Cases cited2 opinions

  1. Borland v. ThorntonCalifornia Supreme Court · 1859
  2. Riddle v. BakerCalifornia Supreme Court · 1859

3Cited by10 opinions

  1. Nichols v. StevensSupreme Court of Missouri · 1894
  2. Wonderly v. Lafayette CountySupreme Court of Missouri · 1899
  3. Bennett v. WilsonCalifornia Supreme Court · 1901
  4. Stevens v. KelleyCalifornia Court of Appeal · 1943
  5. Wolff v. HoaglundCalifornia Court of Appeal · 1970

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