Ward v. Ward
California Supreme Court
An appeal from an order of the Superior Court of Santa Clara County. Spenser, J. The amount claimed in the complaint was twenty thousand dollars, and the same was specified in the summons as the amount claimed.
1Opinion of the Court
Sharpstein, J.:
This is an appeal from an order vacating a judgment entered by default in an .action brought to recover damages for a breach of contract of marriage. In an action arising on contract, for the recovery of money or damages only, the summons must contain a notice that unless the defendant appears and answers within a specified number of days, the plaintiff will take judgment for the sum demanded in the complaint (stating it). (C. C. P., § 407.)
The notice contained in the summons in this action is as follows: “And you are hereby notified, that if you fail to appear and answer the…
2Cases cited1 opinion
- Lyman v. MiltonCalifornia Supreme Court · 1872
3Cited by13 opinions
- Ralph v. LomerWashington Supreme Court · 1891
- Hernaiz Targa & Co. v. VivasSupreme Court of Puerto Rico · 1914
- Renoir v. Redstar Corp.California Court of Appeal · 2004
- Sawyer v. RobertsonMontana Supreme Court · 1892
- People v. DodgeCalifornia Supreme Court · 1894
8 more not listed; retrieve them via the Exa API.