Dern

Dern v. Dein

Good Law
1922 Cal. App. LEXIS 464·57 Cal. App. 611·207 P. 914
Court of Appeal of CaliforniaMay 5, 1922Civ. No. 4071.California764 words

Opinion

Lead Opinion

Nourse, J.

This is an appeal from an order of the superior court denying plaintiff’s motion to vacate and set aside the satisfaction of judgment which had theretofore been duly executed and filed in the action. The appeal is presented upon a bill of exceptions which contains merely the affidavits which were presented to the trial court at the hearing upon the motion, a copy of the original judgment in the action, and a copy of the satisfaction of that judgment. There is also added to the transcript a copy of the judgment-roll made up after the trial of the original action in 1914, a copy of the minute order denying plaintiff’s motion to vacate the satisfaction of said judgment, and a copy of the notice of appeal from said order. The record does not contain either the motion which was the basis of this order or the notice thereof, and we are unable to ascertain from the record the grounds upon which the motion was made. We are informed in the briefs that the motion was based upon the grounds that satisfac tion was made without consideration, that it was untrue in point of fact and that it was made merely for the purpose of releasing a certain lien of the judgment to assist the respondent in…

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