Smith v. Billett
California Supreme Court
Appeal from the Sixth District. After the amended complaint was filed, and the time for answering it had expired, the Clerk entered a default. Subsequently, the cause came on for trial before the Court, when defendant’s attorney demanded a jury. The Court denied a jury trial, and proceeded with the case. Plaintiff read the default, the amended complaint, and gave evidence as to title and possession. Judgment for plaintiff for possession of the land. Defendant appeals.
1Opinion of the CourtBaldwin, J.
Cope, J. concurring.
*26•The transcript in this case is not in a plain, legible hand, as required by the rules of this Court. We call the attention of the Clerk below to this fact, that the same defect may not again appear.
This action was ejectment. The plaintiff, after demurrer to the original complaint, filed an amended complaint, in which he set up title accruing to him after the commencement of the suit. To this complaint there was neither answer nor demurrer. A default was entered. It is said now, that the judgment afterward, by order of the Court, was irregular, and should be reversed. We…
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