Leonis v. Biscailuz

Citations

• 101 Cal. 330
• 35 P. 875
• 1894 Cal. LEXIS 1036

Syllabus

<p>Appeal—Stipulation fob Reversal—Intervention.—Where the parties to an appeal stipulate that the errors assigned by the appellant are well taken, and that the judgment may be reversed and the cause remanded for a new trial, a third party who claims to have levied upon the interest of the respondent in the lands in controversy will not be permitted to intervene in the supreme court and to file a brief upon the merits of the appeal, and the judgment and order appealed from may be reversed in accordance with the stipulation.</p> <p>Id.—Fraudulent Judgment—Rights of Judgment Creditor—Levy of Execution Pendente Lite.—A final judgment, if fraudulently confessed by the defendant for the purpose of preventing the application of the property in controversy, in satisfaction of a claim of a judgment creditor of the defendant, the plaintiff participating in such fraudulent purpose, would not conclude the rights of such creditor acquired by levy of execution upon the property in controversy, as the property of the defendant, during the pendency of litigation.</p>