Walberg

This is an action in equity brought by the plaintiff, a stockholder in the Valley View Mines Company, to enjoin execution and set aside a judgment in favor of defendant Underwood against said company. The judgment is claimed to have been obtained by fraud and collusion on the part of and between the defendants Underwood and Brown and the 'directors of said defendant company. The' judgment was obtained by Underwood as assignee of a claim of salary of Brown, who was a director and the president of defendant company.

On the trial of the case in the superior court of Kern County, the court found against all of the allegations of fraud, collusion, and unfairness in the matters on which the action was predicated, and denied the relief demanded by plaintiff.

There is no question raised as to the sufficiency of the evidence admitted on the trial to support the findings and judgment. The only error assigned on this appeal is the action of the court in sustaining objections and denying plaintiff’s offer to produce certain evidence.

The purport of the proposed evidence, as nearly as we can gather from the general discussion between court and counsel, appearing in the record, was to show…