Long v. Serrano — 55 Cal. 20

Majority

p. 20

[No. 6,796.

Department No. 1.]

LONG v. SERRANO et al.

Headnote

Pasties—Judgment by Default.—In-an action against several defendants, all of whom were served and defaulted, held, that the clerk had no authority to enter judgment against one only.

Appeal by the defendant Pico, from a judgment for the plaintiff, in the Seventeenth District Court, County of Los Angeles. Sepulveda, J.

The action was brought upon a promissory note made by the defendants Serrano, and Bilderrain, and Pio Pico. All the do

p. 21

fendants were served and their defaults duly entered, and judgment by default was entered by the clerk against the defendant Pico.

Glassell, Smith & Smith, for Appellant:

Cited Stearns v. Aguirre, 7 Cal. 443 ; Code Civ. Proc. §5 585, 414; Chipman v. Bowman, 14 Cal. 153 : Kelly v. Van Austin, 17 id. 566; Glidden v. Packard, 28 id. 652; Welsh v. Kirkpatrick, 30 id. 205; Willson v. Cleaveland, id. 198; People v. Evans, 29 id. 429; Chitty on Plead. (31) (33).

Hutton & Godfrey, for Respondent, made no argument.

On the authority of Stearns v. Aguirre, 7 Cal. 443 , and cases subsequently decided, the judgment is reversed and cause remanded.

Cases cited

Stearus v. Aguirre 7 Cal. 443 Cal. p. 21