Bank of South San Francisco v. Pike

STURTEVANT, J.

This is an appeal by Boaz D. Pike, Georgie S. Pike, and Edna Laura Pike from the judgment rendered in the case of the

Bank of South San Francisco, a Corporation, Plaintiff and Appellant,

v.

Edna Laura Pike, et al., Defendants, Henry S. Bridge and Carrie E. Bridge, Defendants and Respondents, ante,

p. 524, [200 Pac. 752].

[531]

By stipulation of the parties the appeal is supported by, and rests on, the same record as in the Bridge case. The defendants Pike appeared and answered the plaintiff’s complaint; a trial on the merits was had; and the trial court rendered judgment in favor of the plaintiff and against these defendants and they have appealed from the judgment, and which judgment will hereinafter be termed the second judgment. The plaintiff alleged, and the trial court found, that on the twenty-third day of May, 1912, this plaintiff, the Bank of South San Francisco, obtained judgment against certain defendants, including the defendants B. D. Pike and Georgie S. Pike, for the sum of $5,714.31, and which judgment will hereinafter be termed the first judgment. The appellants make the claim that the first judgment was void because the summons was never served on the defendant Georgie S. Pike. If this claim can be sustained the judgment should be reversed; otherwise it should be affirmed. We think that the claim of the appellants is without merit for several different reasons, which we shall proceed to state.

[1]

(a) The plaintiff alleged: “III. That said American Steel Casting Company, B. D. Pike, and Georgie S. Pike, and each of them, made default in the payment of said promissory note and that thereafter said plaintiff brought suit upon said promissory note in said superior court, and on the twenty-third day of May, 1912, plaintiff herein obtained judgment against said American Steel Casting Company, B. D. Pike, and Georgie S. Pike for the sum of $5,714.31, which judgment is recorded in judgment-book number 29 of said superior court at page 382.” In each of the answers each of these defendants attempted to deny the_above allegation by alleging “Defendant has no information or belief sufficient to enable her to answer the allegation contained in paragraphs ... 3 ... of the second amended complaint, and basing her denial upon said lack of information or belief, defendant denies each and every, all and singular the allegations in said paragraphs, and each of them contained.” There is no question but what certain facts can be denied by this form of a denial.