Page:Federal Reporter, 1st Series, Volume 6.djvu/776

 764 FEDERAL REPORTER. �Lewis, respondent herein, the order made and rendered by said district court pf the ninteenth judicial district of the state of Califomia denying the application of said Simon Cohen and said Louis 8. Schoenfeld for an order vacating and setting aside said judgment, and each, ail, and every of the proceedings in said action, was and were commenced,had, done, takeii, obtained, and procured hy and through fraud and collusion on the part of the said Etarris Lewis and of bis agents and attorneys, and with the intent, object, purpose, and design of cheating and defrauding the creditors of said flrm of Schoenfeld, Cohen & Co., and in pursuance of a secret, illegal, and fraudulent combination, conspiracy, and agreeement between said Harris Lewis, Louis S. Schoenfeld, and Isaac Newman to defraud the creditors of said flrm ; and said action and the aforesaid writs, levies, sales, purchases, and orders, and each, ail, and every proceeding and pro- ceedings in said action, is and are hereby declared, adjudged, and decreed to be a fraud upon and against said Simon Cohen, also upon and against the said firm of Schoenfeld, Cohen & Co., also upon and against the cred- itors of said firm of Schoenfeld, Cohen & Co., and also upon and against the said Herman Shainwald, as assignee in bankruptcy of the flrm of Schoenfeld, Cohen & Co., and of Louis S. Schoenfeld, Isaac Newman, and Simon Cohen, bankrupts, and is and are hereby declared, adjudged, and decreed nuU and void, and of no efEect. �Fourth. That the said district court of the nineteeuth judicial district of the state of Califomia did not acquire any jurisdiction in said action over said Simon Cohen, and the judgment and writ of execution therein, and ail proceedings thereon, were and are, and each and every one of them is, null and void for want of jurisdiction in or ou the part of said court over the person of said Simon Cohen, �Fifth. That the $17,000, $8,000, and $5,000 promissory notes mentioned and described in the complainant's bill herein, and upon which said Har- ris Lewis obtained said judgment in said district court of the nlneteenth judicial district of the state of Califomia, were, and each of them was, manufactured and delivered by said Louis S. Schoenfeld and Isaac New- man to said Harris Lewis, and was and were procured and received by and through fraud by and on the part of said Harris Lewis, without any con- sideration being paid therefor to said firm of Schoenfeld, Cohen & Co., and with the intent, object, and design to cheat and defraud the creditors of said flrm, and in execution of the aforesaid combination, conspiracy, and agreement ; and the said notes are, and each of them is, hereby de- clared, adjudged, and decreed to be null and void, and the said Harris Lewis is hereby ordered to deliver and surrender each, ail, and every one of aaid promissory notes to said Herman Shainwald, as assignee as afore- said, within five days. �Sixth. That ail the money and property of the firm of Schoenfeld, Cohen & Co. which was received or obtained possession of by the re- spondent, Harris Lewis, on or subsequent to the twenty-third day of June, A. D. 1877, by or through any purchase at sherifE's sale or from William H. Bremer, Isaac Newman, Louis S. Schoenfeld, or from any other per- son, was and were obtained possession of, delivered to, and received by him by and through fraud, and by and through an illegal and fraudulent ��� �