Treat v. McCall

California Supreme Court Jul 1, 1858Published

Before: Terry

AI Brief

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Holding. The court held that a personal judgment against a defendant who was not served with process is erroneous.

Issues

Whether a personal judgment can be entered against a defendant who was not served with process.

Disposition. reversed and remanded

Quotations verified verbatim against the opinion

“The Court below erred in entering a personal judgment against Brady, one of the defendants, who was not served with process.”

Synopsis

A personal judgment can not be given against a party not served with process, in an action on a joint obligation of several defendants.

Terry, C., J., delivered the opinion of the Court Field, J., and Baldwin, J., concurring.

The Court below erred in entering a personal judgment against Brady, one of the defendants, who was not served with process.

The judgment is reversed, and cause remanded, with directions to the Court below to enter a judgment in accordance with the provisions of the first subdivision of section thirty-two of the Civil Practice Act.

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