Richards v. McMillan
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District. The plaintiff, a judgment creditor of Andrew Randall, filed his bill in equity against Randall and Robert McMillan, praying for an injunction restraining the latter from all proceedings under a judgment confessed by Randall in favor of McMillan. The Court below granted an order to show cause, but on its return denied the injunction.
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Appeal from the District Court of the Twelfth Judicial District. The plaintiff, a judgment creditor of Andrew Randall, filed his bill in equity against Randall and Robert McMillan, praying for an injunction restraining the latter from all proceedings under a judgment confessed by Randall in favor of McMillan. The Court below granted an order to show cause, but on its return denied the injunction. The defendant, McMillan, filed an answer, averring that the judgment was confessed iu his favor by Randall upon an actual bona fide debt. The Court below entered judgment for defendant, dismissing…
1Opinion of the CourtJustice Heydenfeldt
Mr. Justice Terry concurred.
*422The complainant contends that the defendant’s judgment against Randall is void, because it was a judgment by confession, and the statute regulating such confessions of judgment was not strictly pursued. The answer to this is, that conceding the irregularity for the purpose of the argument, yet the statute affixes no such consequence to it as to make the judgment a nullity. The intention of the Legislature was to prevent fraudulent confessions, hut this cannot be attained by destroying virtuous judgments, although their preliminary proceedings may be affected by…
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