Legal Opinion · Dissent

Judson v. Superior Court

California Supreme Court

Decided October 1, 1942No. L. A. 18115Published

1DissentTraynor, J.

— -I dissent. It is my opinion that the respondent court has not acquired jurisdiction over the petitioners and should therefore be restrained from entering a default judgment against them. While I agree that the court properly denied petitioners’ motion, I do not believe that petitioners made a general appearance in seeking a dismissal of the action. Had they requested a ruling that could be made only upon the hypothesis that the court had jurisdiction over them, the appearance would be general, for by making the request they would admit that the court had jurisdiction, thereby waiving its…

2Cases cited10 opinions

  1. Olcese v. Justice's Court of the First Judicial Twp.California Supreme Court · 1909
  2. In re ClarkeCalifornia Supreme Court · 1899
  3. Davenport v. Superior Court of Imperial CountyCalifornia Supreme Court · 1920
  4. Zobel v. ZobelCalifornia Supreme Court · 1907
  5. Anderson v. NawaCalifornia Court of Appeal · 1914

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