McCargar

This is a suit in equity to annul a judgment obtained by H. G. Bittleston Law and Collection Agency, a corporation, defendant herein, against C. W. McCargar, plaintiff herein, in the justice’s court of Los Angeles township, Los Angeles County, for the payment of the sum of $62.02 principal and $5 costs, upon the ground that said judgment was obtained through extrinsic fraud and upon the further ground that the assignment of the claim upon which the action was brought was void as being against public policy. A general demurrer to the complaint was sustained by the court with leave to amend. Plaintiff declined to amend, and judgment of dismissal of the action followed. Plaintiff appeals.

It is alleged in the complaint that the appellant, Mc-Cargar, “became indebted to one R. G. Muhleman . . . and on the 13th day of October, 1922, owed said- R. G. Muhleman the sum of #62.02, as a balance of an account for goods, wares and merchandise”; that on said last-mentioned date the respondent corporation, as assignee of the Muhleman -claim, commenced an action against appellant in said justice’s court to collect the amount due on said claim, and that summons in said action was served on…