Bond v. Pacheco
California Supreme Court
Appeal from the District Court, Third Judicial District, Alameda County. The action was brought on a promissory note, dated August 21st, 1858, and given for three hundred and forty dollars, with interest at one per cent per month, and if not paid in one month from date to draw interest at two per cent per month.
Read the full summary
Appeal from the District Court, Third Judicial District, Alameda County. The action was brought on a promissory note, dated August 21st, 1858, and given for three hundred and forty dollars, with interest at one per cent per month, and if not paid in one month from date to draw interest at two per cent per month. The complaint averred that there was a balance of two hundred and sixty-nine dollars and seventy cents due on the note, with interest thereon at two per cent per month from January 17th, 1859, and prayed for judgment for said sum and interest, amounting in the aggregate to the sum of…
1Opinion of the Court
By the Court, Sawyer, J.:
A judgment by default was entered in this action by the Clerk upon due service of summons. The prayer of the complaint was for a specific sum, and the summons specified the *532aggregate amount demanded in the complaint. In entering judgment the Clerk, in addition to the specific sum demanded, included subsequently accruing interest, and the judgment provided for interest at the rate specified in the note in suit. The, judgment being by default was, therefore, for a larger sum than plaintiff was entitled to recover on the complaint and summons, under sections one hundred…
2Cases cited6 opinions
- Stearus v. AguirreCalifornia Supreme Court · 1857
- Glidden v. PackardCalifornia Supreme Court · 1865
- Chapin v. ThompsonCalifornia Supreme Court · 1862
- Gage v. RogersCalifornia Supreme Court · 1862
- Ziel, Bertheau & Co. v. DukesCalifornia Supreme Court · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Cohen v. CohenCalifornia Supreme Court · 1906
- Baird v. SmithCalifornia Supreme Court · 1932
- Einstein's Sons & Leffler v. DavidsonSupreme Court of Florida · 1895
- Fred Miller Brewing Co. v. Capital InsuranceSupreme Court of Iowa · 1900
- Hodgdon v. GoodspeedOregon Supreme Court · 1911
20 more not listed; retrieve them via the Exa API.