King

King v. Papazian

Good Law
1918 Cal. App. LEXIS 203·38 Cal. App. 337·176 P. 49
Court of Appeal of CaliforniaOctober 2, 1918Civ. No. 2458.California288 words

Opinion

lead Opinion

Sturtevant, J.

is an action in the nature of a creditor’s bill. The plaintiff had judgment in the trial court and the defendants have appealed from the judgment and the order denying a new trial. The record was brought up under section 953a of the Code of Civil Procedure. The principal point made by the appellants is that certain findings are not supported by the evidence. The findings are general and special. The plaintiff alleged, and, by its general finding, the trial court found that the transfer under attack was made voluntarily and without a valuable consideration at a time when the grantor was insolvent and was, therefore, void. These findings alone fully support the judgment. (Civ. Code, sec. 3442.) The plaintiff alleged, and the trial court made a special finding, that the transfer in question was made with intent to defraud the creditors of the grantor and particularly this plaintiff and to prevent this plaintiff from collecting • her judgment recovered in the basic suit. The record contains evidence to support each of said findings and the most that can be said is that there were some conflicts in the evidence. But an appellate court may not disturb a finding which rests on…

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