P. A. Lamping & Co. v. Hyatt
California Supreme Court
Appeal from the District Court, Tenth Judicial District, Sierra County. The1 complaint set forth in words arid figures the following promissory note as the cause of action: “ Downieville, May 20th, 1863. “ One day after date, for value received in gold coin, of the Government of the United States, we, the Red Star Co., promise to pay to the order of P. A. Lamping & Co., at their banking house, in Downieville, five thousand dollars, with interest at the rate of three per cent…
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Appeal from the District Court, Tenth Judicial District, Sierra County. The1 complaint set forth in words arid figures the following promissory note as the cause of action: “ Downieville, May 20th, 1863. “ One day after date, for value received in gold coin, of the Government of the United States, we, the Red Star Co., promise to pay to the order of P. A. Lamping & Co., at their banking house, in Downieville, five thousand dollars, with interest at the rate of three per cent per month, payable monthly in advance, and if the said principal sum and the interest thereon is not paid in the gold…
1Opinion of the Court
By the Court, Sawyer, J.
As suggested by respondents’ 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…
2Cases cited3 opinions
- Raun v. ReynoldsCalifornia Supreme Court · 1858
- Lattimer v. RyanCalifornia Supreme Court · 1862
- Gage v. RogersCalifornia Supreme Court · 1862
3Cited by10 opinions
- Nesbit v. MacDonaldCalifornia Supreme Court · 1928
- Flores v. SmithCalifornia Court of Appeal · 1941
- Bank of California v. DyerWashington Supreme Court · 1896
- Lowe v. TurnerIdaho Supreme Court · 1867
- Johnson v. LampingCalifornia Supreme Court · 1867
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