Arrington v. Sherry, Janes & McCrea

Citations

• 5 Cal. 513

Syllabus

<p>An application by a defendant to set aside his confession of judgment, should show that the claim was not just, and that the judgment ought not to have been confessed.</p> <p>But can the defendant be allowed to come in by affidavit, and thus impeach his former acts? Quere ?</p> <p>A junior judgment creditor has no right to join with the defendant in an application to set aside such confessed judgment. He must resort to a Court of Chancery if he is dissatisfied.</p>