Belt

Belt v. Davis

Good Law
1 Cal. 134
Supreme Court of CaliforniaJune 15, 1850California3,134 words

Opinion

Lead Opinion

Bennett, J.

By the Covert,

The appellant recovered a judgment, on the 19th day of February last, against the respondent for $5948, in the court of First Instance of the district of San Joaquin. This judgment was, by virtue of the act superseding certain courts, transferred into the district court for the county of San Joaquin in the fifth judicial district, and an execution was issued thereon and levied upon the property of the respondent. lie then filed a complaint in the district court, alleging that the judgment was obtained by means of collusion, venality and corruption, and also complaining of irregularities, errors, and abuse of power by the court, during the progress of the trial which resulted in the judgment. There seems to have been no ground for the charge of collusion, &c. Upon this complaint an injunction was issued, and the sheriff restrained from proceeding under the execution. The appellant demurred to a portion of the bill, pleaded the judgment of the court of First Instance in bar, and supported his plea by answer under oath denying the matters charged in the bill on which the judgment was sought to be impeached. The cause was heard upon the pleadings, no testimony being…

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