Pond v. Davenport
California Supreme Court
Appeal from the District Court of the Seventeenth Judicial District, County of San Diego. On the 16th day of September, 1871, James E. Corbet commenced a suit against Noel Davenport, on the promissory note, for one thousand and thirty-seven dollars and fifty-five cents, mentioned in the opinion. A summons was issued, which was served by the Sheriff" on the defendant on the eighteenth of September.
Read the full summary
Appeal from the District Court of the Seventeenth Judicial District, County of San Diego. On the 16th day of September, 1871, James E. Corbet commenced a suit against Noel Davenport, on the promissory note, for one thousand and thirty-seven dollars and fifty-five cents, mentioned in the opinion. A summons was issued, which was served by the Sheriff" on the defendant on the eighteenth of September. On the nineteenth of September the defendant filed the following statement in the case: “Now comes the said defendant, and says that he authorizes judgment to be taken in this action, against him…
1Opinion of the Court
By the Court, Crockett, J.:
The judgment which Corbet obtained against Davenport must be deemed a judgment by confession. The time for answering had not expired and the judgment could not have been taken by default, and does not purport to have been a judgment of that character. On the contrary it was based upon a verified statement made by the defendant, consenting to the judgment, specifying the amount, and undertaking to state the subject matter of the indebtedness, as founded on a promissory note due from defendant to the plaintiff in " the action. It was clearly intended to be, and is, in…
2Cases cited1 opinion
- Richards v. McMillanCalifornia Supreme Court · 1856
3Cited by4 opinions
- González v. López QuiñonesSupreme Court of Puerto Rico · 1934
- Gilbert v. GilbertMissouri Court of Appeals · 1888
- González v. López QuiñonesSupreme Court of Puerto Rico · 1934
- Pond v. DavenportCalifornia Supreme Court · 1873