Harding v. Cowing
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The defendants appealed from the judgment. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court,
Shafter, J.
This is an action upon a note payable in gold coin of the United States. The defendants were duly served, and on failure to answer, defaults were duly taken, and a judgment for the recovery of one thousand two hundred and twenty *214dollars in gold coin, with interest thereon, was thereafter entered against them by the Clerk. The question is, whether the Clerk, as such, had power to enter the judgment without judicial direction.
The action was brought for the recovery of “ money only”— (Practice Act, sec. 150,)—for a particular kind of money, but still a recovery of nothing…
2Cases cited1 opinion
- Wallace v. EldredgeCalifornia Supreme Court · 1865
3Cited by3 opinions
- People v. ToddCalifornia Supreme Court · 1888
- People v. JohnsonCalifornia Court of Appeal · 1907
- Lawler v. Bashford-Burmister Co.Arizona Supreme Court · 1896