Threlkel v. Scott
Citations
- 89 Cal. 351
- 26 P. 879
- 1891 Cal. LEXIS 822
Syllabus
<p>Fraudulent Conveyance — Gift by Insolvent to Wife — Fraudulent Intent — Pleading. — In an action by an administrator, against the wife of the intestate, to recover property alleged to have been voluntarily conveyed by him to her while he was insolvent, the fraudulent intent of the grantor is a fact necessary to be alleged in the complaint.</p> <p>Id.—Voluntary Conveyance—Fraud as to Creditors — Question of Fact. —A voluntary conveyance by an insolvent debtor is not necessarily fraudulent and void as to creditors, and a fraudulent intent, which is itself a question of fact, will not be necessarily inferred from such facts.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that the “constitutional guarantee of due process is not concerned with mere appearances of 94 partiality” but with “actual bias” (citations and punctuation omitted; emphasis supplied)
- concluding trial counsel’s strategy of advising defendant not to testify while offering alternative narrative of events to the jury was not deficient performance and was reasonable in an effort to avoid “damaging cross-examination”
- \[J]udicial rulings alone almost never constitute a valid basis for a bias or partiality motion.\
- trial judge’s prior representation of a victim in an unrelated matter did not demonstrate actual bias
- “[J]udicial rulings alone almost never constitute a valid basis for a bias or partiality motion.” (citation and punctuation omitted)
- defendant could not show counsel’s advice not to testify was deficient performance where counsel’s strategy was to show that defendant acted in self-defense without subjecting him to damaging cross-examination
Source: CourtListener parenthetical corpus (CC0).
Judges: Fitzgerald
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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