Johnson v. Crabbe

LANGDON, P. J.

This is an appeal by the plaintiffs from a judgment against them in an action brought by them to annul a judgment previously entered against them in an action in which the defendant herein was plaintiff and the plaintiffs herein were defendants. The complaint alleged that on March 6, 1916, John H. Crabbe, defendant herein, commenced an action for $208 against. Johnson and O’Connell in the justice’s court. The details of the proceedings had in said justice’s court are then alleged and the fact of the entry of a default judgment in said action against said Johnson and O’Connell on April 6, 1916, and the issuance and levy of an execution thereunder. It is also alleged that said Johnson and O’Connell filed an undertaking on appeal, staying execution on said judgment; that upon appeal to the superior court said judgment of the justice’s court was affirmed. The complaint is voluminous and contains much argumentative matter upon the effect of the various rulings and orders made by the justice’s court and by the superior court, the general purport of the argument being that the judgment of the justice’s court was void for irregularities, and that the action of the superior court in affirming said judgment was also void, because it affirmed a void judgment. The prayer is “that said judgment of the superior court and also said judgment of the justice’s court be canceled and annulled and that the defendant, his agents, servants and assigns be restrained and enjoined from commencing or prosecuting any action or proceedings whatever for the enforcement or collection of said judgment or said undertaking on appeal staying said execution.”

The second count alleges that the undertaking staying execution on appeal which plaintiffs caused to be filed in the justice’s court was procured by the representations of Crabbe that he had recovered a judgment against said Johnson and O’Connell and had levied execution thereunder upon the bank accounts of said Johnson and O’Connell; that the said conduct of said Crabbe was menace and duress toward the plaintiffs, and the representation and

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allegation that he had a good and valid judgment and execution against plaintiffs were false and fraudulent in that he had no judgment—the said judgment being a void judgment, etc. It is then alleged that said Crabbe •is prosecuting an action in the justice’s court on said undertaking. It is prayed that said undertaking be set aside and canceled and Crabbe restrained and enjoined from proceeding with any action on said undertaking.