Morton Gas Engine Co. v. California Seeded Raisin Co.

This is an appeal from an order sustaining respondent’s demurrer to a petition of the appellants for an order setting aside certain sales of personal property under several executions.

The facts as disclosed by the petition are briefly these: In March, 1910, the Morton Gas Engine Company commenced this action against the California Seeded Raisin Company, a corporation, to recover a debt amounting to $384.25. The summons was regularly issued and served upon Newton B. Converse, the president of the defendant corporation. It is averred that Converse was acting in collusion with the plaintiff in respect to said action, in pursuance of which he not only permitted a judgment by default to be entered against the defendant, but also concealed the fact of the institution and pendency of the action from the knowledge of his fellow officials until some time after the entry of such judgment. It is further averred that an execution was issued upon such judgment, and levied upon certain specific personal property of the defendant, which was of the alleged value of one thousand two hundred dollars, and which property was thereafter sold under such execution to the plaintiff for the sum of one…