Crane v. Hirshfelder

17 Cal. 467

Opinion

Cope, J. delivered the opinion of the Court

Baldwin, J. concurring.

The demurrer in this case was improperly sustained. The judgment sought to be impeached is alleged to be without consideration, and a fraud upon the creditors of the judgment debtor. The complaint states all the facts necessary to maintain the action. It is charged that defendant Williams was a party to the fraud, and he is therefore properly united in the suit.

Judgment reversed, and cause remanded for further proceedings.