Wolters v. Rossi

Citations

• 6 Cal. Unrep. 266
• 57 P. 73
• 1899 Cal. LEXIS 1157

Syllabus

<p>Fraudulent Conveyance—Transfer to Wife.—A Transfer of property by an insolvent judgment debtor to his wife without consideration, made after an order for his examination in supplementary proceedings had been served, and on the day before that set for the hearing, is fraudulent.</p> <p>Fraudulent Conveyance—Transfer to Wife.—The Day Before the one set for his examination in supplementary proceedings, which was the last day in February, a judgment debtor gave money to his wife, who deposited it in a bank, which issued to her a negotiable certificate of deposit. Several days thereafter the creditor commenced an action to set aside the transfer of the money, and on the trial a witness testified that about February or March the debtor had given witness the certificate, and thereafter the latter had turned it over to another. Held, that a finding was justified that the certificate was transferred before commencement of the action.</p> <p>Actions.—On the Entry of Judgment on an Order of Plaintiff Dismissing the action before an answer seeking affirmative relief has been filed, the court loses jurisdiction, and cannot thereafter vacate the judgment on application of defendants, and consolidate such action with another.1</p> <p>Depositions.—Where Neither the Parties nor the Issues in two different actions are identical, depositions taken in one are inadmissible in the other.</p> <p>Depositions.—Depositions Taken in One Action are Inadmissible in another as against a party who had no opportunity to cross-examine the witnesses.</p>