Abadie v. Carrillo
California Supreme Court
Appeal from the District Court, Second Judicial District, Santa Barbara County. The following was the complaint upon which judgment was rendered: “ The plaintiffs above named complain of the defendant, and for cause aver: That on the 11th day of August, 1863, the defendant was indebted to the plaintiffs in the sum of one thousand four and twenty hundredths dollars ($1,004 20-100), on an account for goods sold and delivered by the plaintiffs to the defendant, at his request,…
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Appeal from the District Court, Second Judicial District, Santa Barbara County. The following was the complaint upon which judgment was rendered: “ The plaintiffs above named complain of the defendant, and for cause aver: That on the 11th day of August, 1863, the defendant was indebted to the plaintiffs in the sum of one thousand four and twenty hundredths dollars ($1,004 20-100), on an account for goods sold and delivered by the plaintiffs to the defendant, at his request, in the City of Santa Barbara; and that no part thereof has been paid, and that there is now due them thereon, from the…
1Opinion of the Court
By the Court, Sawyer, J.:
The appeal rests on the judgment roll alone. The judgment roll does not disclose what the action upon the demurrer was. Nor is it to be expected that it would, for, before the recent amendment, section two hundred and three did not require it to contain the order sustaining or overruling the demurrer. It, therefore, does not appear whether time to answer was given or not. The defendant appeared by demurring, .and the subsequent /proceedings were necessarily had under the direction of the Court. Final judgment was entered in open Court, by order of the Court, and all…
2Cases cited3 opinions
- Wilkins v. StidgerCalifornia Supreme Court · 1863
- Freeborn v. GlazerCalifornia Supreme Court · 1858
- De Witt v. PorterCalifornia Supreme Court · 1859
3Cited by20 opinions
- Weitzenkorn v. LesserCalifornia Supreme Court · 1953
- Sessions v. Pacific Improvement Co.California Court of Appeal · 1922
- Pike v. ZadigCalifornia Supreme Court · 1915
- Rosina v. TrowbridgeNevada Supreme Court · 1888
- Bates v. Capital State BankIdaho Supreme Court · 1910
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