Hallock v. Jaudin
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. This was an action on a promissory note. Plaintiffs had judgment by default in the- Court below, and defendants appealed. The complaint was as follows : ' [ Venue.'] “ John Y. Hallock, and \ Christian Christiansen, J Plaintiffs, I v. ( E. Jaudin & G-. Kennedy, ) Composing the firm of V E. Jaudin & Co., Defendants. ] “ City and County oe San Francisco—‘Ss.
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. This was an action on a promissory note. Plaintiffs had judgment by default in the- Court below, and defendants appealed. The complaint was as follows : ' [ Venue.'] “ John Y. Hallock, and \ Christian Christiansen, J Plaintiffs, I v. ( E. Jaudin & G-. Kennedy, ) Composing the firm of V E. Jaudin & Co., Defendants. ] “ City and County oe San Francisco—‘Ss. “ The plaintiffs in this suit complain of the above defendants, and allege that on the 15th day of August, 1866, the said defendants made their…
1Opinion of the Court
By the Court, Sanderson, J.:
I. As to the right of appeal, there is no distinction between judgments by default and judgments after issue joined and a trial. The former is as much a final judgment as the latter, and the statute gives a right to appeal from all final judgments without distinction. From this it follows that all errors disclosed by the record can be reviewed and corrected on an appeal from the former class of judgments as well as the latter. This is too plain for argument, and we do not hesitate to declare that all cases which are to the contrary are unsupported by any provision…
2Cases cited3 opinions
- Stoddard v. TreadwellCalifornia Supreme Court · 1864
- Beebe v. HuttonNew York Supreme Court · 1866
- Hitchcock v. SawyerSupreme Court of Vermont · 1867
3Cited by40 opinions
- Luz v. LopesCalifornia Supreme Court · 1960
- Lambert v. HaskellCalifornia Supreme Court · 1889
- Baird v. SmithCalifornia Supreme Court · 1932
- People v. TomlinsonCalifornia Supreme Court · 1868
- Green v. HolwayMassachusetts Supreme Judicial Court · 1869
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