Merced County v. Hicks
California Supreme Court
Appeal from an order of the Superior Court of Merced County setting aside a judgment as to certain defendants. This was an action upon an official bond, in which the defendant Hicks was principal and the other defendants sureties. The remaining facts are stated in the opinion of the court.
1Opinion of the CourtSharpstein, J.
Summons was not served on any of the defendants in the above entitled action. At the request of one of them, Hicks, an attorney signed a demurrer which on its face purports to be the joint demurrer of all of them. The demurrer was overruled, no one appearing to sustain it, and a judgment by default was entered against all of the defendants. The defendants other than Hicks moved to vacate the judgment on the grounds that none of them had been served with a summons or had appeared in the action. The motion was granted, and from the order granting it this appeal is taken. As before stated there…
2Cited by7 opinions
- Thompson v. CookCalifornia Supreme Court · 1942
- Hirsch Bros. & Co. v. R. E. Kennington Co.Mississippi Supreme Court · 1929
- Shelley v. Casa De Oro, Ltd.California Court of Appeal · 1933
- Wilson v. BarryCalifornia Court of Appeal · 1951
- Altpeter v. Postal Telegraph-Cable Co.California Court of Appeal · 1915
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