P. A. Lamping & Co. v. Red Star Co.
California Supreme Court
APPEAL from Tenth Judicial District, Sierra County.
1Opinion of the CourtSawyer, J.
As suggested by respondent’s counsel, there is no statement in the record that can. be considered. But, on the other hand, none is required, for the errors appearing in the judgment-roll, brief as it is, are manifest and manifold. There is no congruity between any two of the documents constituting the judgment-roll.
The summons, in stating the relief demanded, goes beyond, the prayer of the complaint; the officer’s return shows a service on parties not mentioned in the complaint or summons, either by real or fictitious names; the judgment is against all the parties served, and, as to the…
2Cases cited3 opinions
- Raun v. ReynoldsCalifornia Supreme Court · 1858
- Lattimer v. RyanCalifornia Supreme Court · 1862
- Gage v. RogersCalifornia Supreme Court · 1862