Page:Federal Reporter, 1st Series, Volume 6.djvu/775

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SHAINWALD V. LEWIS. 763 �gradually, but surely, destroyed. The frauds perpetrated in this case are, therefore, more than a private wrong. They rise to the bad eminence of a public crime. �In fixing the amount of the decree I have sought to ascer- tain the value of the firm's assets ■which came into the posses- sion of the respondent. The nature of the inquiry forbade the hope of any very accurate resuit. I have indicated in a memorandum filed with the decree the varions items of which the aggregate sum decreed is composed. To enumerate them here and to give in detail the testimony in regard to them, "would greatly inorease the length of this opinion, already longer than I could have wished. It will, perhaps, not be thought unreasonably long when it is considered that the testimony in the case covers more than 2,200 written pages. Besides, non sunt longa M nihil est quod demere posais. �The following decree was entered November 5, 1880: �This cause came on to be heard at this term, and was argued by coun- sel ; and thereupon, upon consideration thereof , it was ordered, adjudged, and decreed as follows, viz.: �First. That the judgment of the district court of the nineteenth judi- cial district of the state of California, in and for the city and county of San Francisco, in the action in said court entitled "H. Lewis, plaintiff, v. Louis S. Schoenfdd, Simon Oohen, and Jsaac Nevyman, defendants," which was rendered, entered, and recorded on or about the seventeenth day of July, A. D. 1877, being the judgment mentioned and described in the plain- tifE's bill in this cause, was procured and obtained by the said Harrls Lewis, respondent herein, by fraud and collusion, and was and is a fraud upon and against said Simon Cohen, also upon and against the said firm of Schoenfeld, Cohen & Oo., also upon and against the creditorsof said firm of Schoenfeld, Cohen & Co., and also upon and against the complain- ant, the said Herman Bchainwald, as assignee in bankruptcy of the flrm of Schoenfeld, Cohen & Co.,and of Louis S. Schoenfeld, Isaac Newman, and Simon Cohen, bankrupts. �Second. That said judgment of said ninteenth district court of the state of California, and also the entry and record of said judgment, be and the same and eaeh of the same is and are horeby declared, adjudged, and decreed null and void, and of no eftect. �Third. That said action in said district court of the nineteenth judicial district of the state of California, the writs of attachment and the writ of execution issued therein, each and every levy and ail levies made on or under orby virtue of said writs, or of either of them, the sale under said writ of execution by the sherifC of the city and county of San Francisco, the purchase and purchases made at said sherifE'a sale by said Harris ��� �