Bidleman v. Kewen
California Supreme Court
Appeal from the Sixth Judicial District, Sacramento County. On the 11th of March, 1851, Bidleman sued Kewen upon a promissory note for $1000, dated October 15th, 1850, made by the defendant, payable thirty days after date, to one Whitehill or order, and by Whitehill indorsed to the plaintiff. The defendant acknowledged service the same day, by a written acknowledgment on the complaint.
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Appeal from the Sixth Judicial District, Sacramento County. On the 11th of March, 1851, Bidleman sued Kewen upon a promissory note for $1000, dated October 15th, 1850, made by the defendant, payable thirty days after date, to one Whitehill or order, and by Whitehill indorsed to the plaintiff. The defendant acknowledged service the same day, by a written acknowledgment on the complaint. On the 22nd of March, no answer having been filed, the Court, on motion of the plaintiff, ordered the default of the defendant to be entered; and on the 26th of March, final judgment was rendered in favour of…
1Opinion of the CourtJustice Anderson
(After stating the facts of the case.) By the record, it appears that the original trial, between Henaric & Co. and the appellant, upon this note, was fairly had; and that final judgment was rendered in favour of the appellant; from which the plaintiffs did not choose to appeal; but a sort of legal strategy was resorted to, by suing the appellant over again, in the name of Bidleman, the Second indorser, (first indorsee.) The first judgment, in favour of the appellant, not having been disturbed, and being in full force, was a bar to any future suit upon that note, inasmuch, also, as the…
2Cited by5 opinions
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