Robinson

Robinson v. Blood

Good Law
151 Cal. 504·1907 Cal. LEXIS 456·91 P. 258
Supreme Court of CaliforniaJuly 12, 1907L.A. No. 1807.California1,359 words

Opinion

Lead Opinion

Shaw, J.

This is an action by the plaintiffs as judgment creditors of La Serena Land and Water Company, a corporation, against James A, Blood, a stockholder of the corporation, in the nature of a creditor’s bill to subject to the payment of the plaintiff’s judgment the amount due from Blood to the corporation upon his subscription to the capital stock thereof. Judgment was entered in the court below against Blood, from which he appeals.

The defenses set up by Blood are that the previous judgment in favor of the plaintiffs against the corporation is void, both for lack of jurisdiction and because of fraud and collusion between plaintiffs and the president of the corporation in obtaining it; that the corporation at the time the former suit was begun, and for a long time prior thereto, had ceased to have a legal existence; and that plaintiff’s cause of action is barred by the statute of limitations. The evidence is contained in a bill of exceptions printed in the record.

The judgment against the corporation is not void upon its face. The complaint therein sufficiently states a cause of action to give the court jurisdiction of the subject-matter. The summons was duly served on-the president…

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