Adolph M. Schwartz, Inc. v. Burnett Pharmacy

The complaint in this action shows that plaintiff seeks to recover on an assigned claim the sum of $47.26. The cause of action is set forth in three forms, each of which is an action at law for breach of contract. The complaint is entirely devoid of allegations to show where the cause of action arose or where any defendant resides or has his place of business. The defendant Paschall filed an answer, and thereafter, by summary proceedings taken against him under section 831d of the Code of Civil Procedure, judgment was rendered against him. Thereupon he made a motion to vacate the judgment on…