Stearns v. Aguirre
California Supreme Court
Appeal from the District Court of.the First Judicial District, County of Los Angeles. The plaintiff, Abel Stearns, brought his action against the defendants Jose Antonio Aguirre-and Santiago E. Arguello jointly, upon a joint and several promissory note. Service of process was had on both the defendants. Arguello made default, and Aguirre answered.
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Appeal from the District Court of.the First Judicial District, County of Los Angeles. The plaintiff, Abel Stearns, brought his action against the defendants Jose Antonio Aguirre-and Santiago E. Arguello jointly, upon a joint and several promissory note. Service of process was had on both the defendants. Arguello made default, and Aguirre answered. Pending the proceedings, final judgment upon the default was entered against Arguello in the Clerk’s office, and afterwards judgment was obtained against Aguirre on trial of cause. The plaintiff on the trial offered the note in evidence, to the…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Chief Justice Murray.
Mr. Justice Terry concurred.
This was an action in the Court below, by Stearns as plaintiff, against the defendants upon a joint and several promissory note. One of the defendants made default, the other answered, and pending the proceeding, final judgment was entered against the defaulting defendant. This is alleged as error, and it is contended that the defendant Arguello is discharged by the judgment against his co-defendant, such judgment operating as a merger of the note, and the substitution of a higher security.
If the…
2Cases cited1 opinion
- Rowe v. ChandlerCalifornia Supreme Court · 1850
3Cited by11 opinions
- Evans v. CookNevada Supreme Court · 1876
- Shain v. ForbesCalifornia Supreme Court · 1890
- McCoy v. Hearst Corp.California Court of Appeal · 1991
- Melander v. Western National BankCalifornia Court of Appeal · 1913
- Lewis v. ClarkinCalifornia Supreme Court · 1861
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