Legal Opinion

Bailey v. Sloan

California Supreme Court

Decided July 18, 1884No. 9,415PublishedCited by 21 opinions

Appeal from a judgment of the Superior Court of Ivero County. The action was brought to recover the amount due on three promissory notes for the respective sums of $100, $159, and $269.97; and also for the sum of $50 due on an account for goods sold and delivered. The complaint contained four counts; each note and the account being alleged as a further and separate cause of action.

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Appeal from a judgment of the Superior Court of Ivero County. The action was brought to recover the amount due on three promissory notes for the respective sums of $100, $159, and $269.97; and also for the sum of $50 due on an account for goods sold and delivered. The complaint contained four counts; each note and the account being alleged as a further and separate cause of action. The prayer of the complaint was for a judgment for $656, the aggregate of all the items, and interest on the notes according to the terms of each. The defendant demurred to the entire complaint, and also to each…

1Opinion of the CourtSharpstein, J.

The demurrer was properly overruled. The demand according to the ad damnum clause of the complaint, exclusive of interest, exceeds $300. The ad damnum clause in the complaint is the test of jurisdiction, (Maxfield v. Johnson, 30 Cal. 545; Solomon v. Reese, 34 Cal. 28; Sanborn v. Superior Court of Contra Costa County, 60 Cal. 425; Dashiell v. Slingerland, 60 Cal. 653.)

Ho answer was filed, and the time within which the defendant was granted leave to answer having expired, the cleric was authorized to enter his default, and a judgment for the amount specified in the summons. (Code Civ. Proc. §…

2Cases cited4 opinions

  1. Dashiell v. SlingerlandCalifornia Supreme Court · 1882
  2. Solomon v. ReeseCalifornia Supreme Court · 1867
  3. Sanborn v. Superior Court of Contra Costa Cty.California Supreme Court · 1882
  4. Maxfield v. JohnsonCalifornia Supreme Court · 1866

3Cited by21 opinions

  1. Lord v. GoldbergCalifornia Supreme Court · 1889
  2. Hammell v. Superior CourtCalifornia Supreme Court · 1932
  3. Lehnhardt v. JenningsCalifornia Supreme Court · 1897
  4. Greenbaum v. MartinezCalifornia Supreme Court · 1890
  5. Wall v. HealdCalifornia Supreme Court · 1892

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