Hill v. City Cab & Transfer Co.
California Supreme Court
The action was brought on a judgment against the City Cab and Transfer Company and Leander Sawyer, Oliver Hinckley, James Cobblestick, C. G. Jones, Russell J. Wilson, and S. D. Woods, upon a judgment rendered against them jointly in the district court on October 4, 1878, for one thousand dollars, with interest and costs.
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The action was brought on a judgment against the City Cab and Transfer Company and Leander Sawyer, Oliver Hinckley, James Cobblestick, C. G. Jones, Russell J. Wilson, and S. D. Woods, upon a judgment rendered against them jointly in the district court on October 4, 1878, for one thousand dollars, with interest and costs. The defendant C. G. Jones answered that he was never served with summons or process of any kind in the action upon which the judgment was rendered, and never appeared, or authorized any one to appear for or represent him therein; that one S. D. Woods assumed to represent him…
1Opinion of the Court
Belcher, C. C.
This was an action upon the judgment of a court of general jurisdiction. The defendant pleaded in defense that said judgment had been obtained without service upon him or any authorized appearance on his behalf. The court below found these facts to be true, but rendered judgment against defendant, upon the ground that he did not show that he had a meritorious defense to the original action. We think that this was error.
It is true that a court of equity will not give relief against a judgment unless it be shown that the complainant had a defense upon the merits. Equity in such…
2Cases cited4 opinions
- Ferguson v. . CrawfordNew York Court of Appeals · 1877
- Carpentier v. City of OaklandCalifornia Supreme Court · 1866
- Baker v. O'RiordanCalifornia Supreme Court · 1884
- Hodgdon v. S. Pac. R.R Co.California Supreme Court · 1888
3Cited by34 opinions
- Akley v. BassettCalifornia Supreme Court · 1922
- Gagnon Co., Inc. v. Nevada Desert InnCalifornia Supreme Court · 1955
- Rooney v. Vermont Investment Corp.California Supreme Court · 1973
- Security-First National Bank v. Superior CourtCalifornia Supreme Court · 1934
- Lake v. BonyngeCalifornia Supreme Court · 1911
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