Rosenbaum v. Hernberg
California Supreme Court
Appeal from the Eleventh District. There were four defendants and summons was served on all except Hernberg. On the day of trial he filed, in proper person, a writing stating that “ he waived service of summons and complaint in the above action and makes his voluntary appearance therein.”
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Appeal from the Eleventh District. There were four defendants and summons was served on all except Hernberg. On the day of trial he filed, in proper person, a writing stating that “ he waived service of summons and complaint in the above action and makes his voluntary appearance therein.” No default or judgment had been entered against him, and plaintiffs called him as a witness, the other defendants objecting on the ground that he was a party to the action and interested in the result of the suit. Objection overruled, and defendants excepted. Verdict of fraud against all the defendants.…
1Opinion of the CourtField, C. J.
Cope; J. concurring.
The only question presented for determination by the record in this case, is whether Hernberg, one of the defendants, was a competent witness for the plaintiffs. The complaint alleges a conspiracy between the defendants to defraud the plaintiffs of certain goods, and that it was successfully carried out by their obtaining and disposing of the property, and asks damages against them all. Hernberg made a voluntary appearance, but interposed no defense. The other defendants answered and joined issue.
We have no doubt of the competency of Hernberg. He was clearly competent…
2Cases cited2 opinions
- Paine v. TildenSupreme Court of Vermont · 1848
- Brown v. MarshSupreme Court of Vermont · 1836