Cowan Oil & Refining Co. v. Miley Petroleum Corp.

Defendant filed an answer in which is included a counterclaim. Thereafter plaintiff’s motion to strike the answer and enter judgment under section 831d of the Code of Civil Procedure was granted, and judgment was entered against defendant for the amount sued for. From this judgment defendant appeals and in support of its appeal contends that section 831d is unconstitutional because it deprives the defendant of a jury trial (Const., art. I, see. 7) and does not provide due process of law (Const., art. I, sec. 13); and further, that if section 831d is valid, an answer containing a complete and…