Vassault v. Austin
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This was an action of ejectment to recover a lot of land at the northwest corner of Bush and Larkin streets, in the City and County of San Francisco, commenced January 24th, 1863. On the 25th of August, 1863, Abner H. Barker recovered a judgment against defendant, F. B. Austin, in the Superior Court of the City of San Francisco, for two thousand nine hundred and forty-six dollars and…
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This was an action of ejectment to recover a lot of land at the northwest corner of Bush and Larkin streets, in the City and County of San Francisco, commenced January 24th, 1863. On the 25th of August, 1863, Abner H. Barker recovered a judgment against defendant, F. B. Austin, in the Superior Court of the City of San Francisco, for two thousand nine hundred and forty-six dollars and ten cents, and twenty-six dollars and twenty-five cents costs. On the 26th day of bTovember, 1860, an execution was…
1Opinion of the Court
By the Court, Rhodes, J. :
In the judgment, through which the plaintiff claims title, it is recited that “the defendant, having been regularly served with process, and having failed to appear and answer the complaint of the plaintiff on file herein, and the legal delay for answering having expired, and the default of the said defendant in the said premises having been duly entered,” *696and it is ordered that judgment be entered for the plaintiff. Had the judgment been rendered in a District Court, there would be no question that, within the principles of Hahn v. Kelly, 34 Cal. 391, the recitals…
2Cases cited5 opinions
- Hahn v. KellyCalifornia Supreme Court · 1868
- Nugent v. StateSupreme Court of Alabama · 1850
- Ramsdell v. FullerCalifornia Supreme Court · 1865
- Seale v. MitchellCalifornia Supreme Court · 1855
- People ex rel. Hughes v. GillespieCalifornia Supreme Court · 1850
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- Amy v. AmyUtah Supreme Court · 1895
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