Lester

By an independent suit in equity, No. 15,612, filed in the United States District Court for the Southern District of California, appellant sought to attack the integrity of the judgment rendered in cause No. 4,616 of said court. During the lifetime of plaintiff’s intestate an attack on the integrity of the original judgment was made by the decedent by a timely motion in cause No. 4,616. 1 The attack failed after a hearing.

Later Enfield filed in the same district court case No. 8,288, which was an equitable action making direct attack on the integrity of the judgment rendered in case No. 4,616. Summary judgment was entered against Enfield in No. 8,288 and that judgment had become final sometime before commencement of this action in the same court, case No. 15,612. The death of Enfield occurred after the conclusion of case No. 8,288.

The judgment or ruling on the first direct attack made by Enfield by motion probably barred further attack on the integrity of the first judgment.

But, not relying on the adjudication on the motion in No. 4,616, this court holds that the judgment in the independent equity suit, No. 8,288, was sufficient basis for the summary judgment rendered in…