King v. Davis

Citations

• 34 Cal. 100

Syllabus

<p>Pleading—Allegations of Fraud.—Where an answer contains only a general allegation of fraud, and the trial of the issue of fraud thus presented proceeded to its conclusion without objection by plaintiff as to its sufficiency, or objection to evidence, on that ground, offered by defendant in support of the issue of fraud) under these circumstances an objection to the answer, that it does not contain a statement of the particular facts and circumstances constituting the alleged fraud, comes too late, and will not be considered on appeal.</p> <p>Idem.—In an action against a Sheriff to recover the possession of goods, or their value, held by him‘under a levy on attachment or execution in his hands, against the property of the plaintiff, it may well be doubted whether it is necessary for tho defendant to allege fraud, 'or do more than allege that the goods levied on by him were the property of the defendant in the writ, or that he had an attachable interest therein; but the point is not decided.</p> <p>Evidence—Fraud.—Where, on tho trial of an issue of fraud, on the ground that a certain judgment, confessed by B. to plaintiff, was fraudulent as against the creditors of B., evidence that on the day of his confession of judgment to plaintiff, and in the same Court, B. confessed other judgments—one to G. and another to F. & G.—the papers therefor, in tho three cases, being all prepared by the same attorneys, was properly admitted to show that the confessions of the three judgments were but parts of one transaction, and in pursuit of a common purpose ; and such evidence would therefore bo properly retained or excluded from consideration accordingly as defendant, who offered the same, succeeded or failed in adducing any proof that said judgments to G-. and F. & G-. were confessed for a like fraudulent purpose ; if there was any proof whatever, the question would be for the jury ; otherwise for the Court, on motion to strike out.</p> <p>Idem.—Where a motion was made during t