Ex parte Bergman

By Hawley, C. J.:

On the eighteenth clay of April, 1883, R. W. Russell commenced an action in the district court of Washoe county against petitioner, William Bergman, to recover damages for malpractice as a physician, and on the thirtieth day of July, 1883, recovered a judgment against him for the sum of three thousand dollars, with interest and costs. • Thereafter the said Russell commenced another action, setting forth the judgment by him obtained, and, as matter entitling him to a judgment against the person of petitioner, upon the ground of fraud, alleged, among other things, that on the…