Richards v. McMillan

Citations

• 6 Cal. 419

Syllabus

<p>In & confession of judgment, the omission to fully comply with the statute to set forth explicitly the facts and circumstances upon which the debt was incurred, does not ipso facto make the judgment void; it merely throws the burden of proof on the judgment creditor, if his judgment is contested by other creditors, of proving that his judment was fair and not fraudulent.</p> <p>But such a failure to make all the disclosures required by the statute, is prima facie evidence of fraud.</p>