Painter v. J. B. Painter Co.

Citations

• 65 P. 311
• 133 Cal. 129
• 1901 Cal. LEXIS 876

Syllabus

<p>Action to Set Aside Judgment and fob New Trial—Equity Jurisdiction— Showing Required. — Courts of equity have jurisdiction in proper cases, which are not very numerous, to set aside judgments rendered in other actions, and to grant new trials thereof; but it must be made to appear in such cases, with reasonable certainty, that a new trial would result more favorably to the party asking it than the judgment sought to be set aside.</p> <p>Id.—Insufficient Complaint—Judgment against Receiver—Part-^ ners as Co-defendants—Dismissal.—A complaint to set aside a judgment in favor of a corporation, against a receiver of a partnership, upon a contract approved by the court, and to obtain a new trial for alleged errors of law and for insufficiency of evidence, which shows that plaintiff and his partner were made co-defendants, and that the case was dismissed as to them, on their motion, for insufficiency of proof, leaving the receiver to defend the action alone, and which does not show any fraud or collusion between the corporation and the receiver, nor allege any facts showing that the judgment was wrong, or that the result would be different upon another trial, does not state a cause of action.</p> <p>Id.'—Result of Dismissal Binding upon Plaintiff.—The plaintiff, if interested in preventing a judgment against the receiver, had ample opportunity, as a party co-defendant, to defend against such judgment; and if he had himself dismissed as to the action, and relied upon the receiver making a proper defense, he must abide the result.</p>