Funkenstein v. Elgutter

Appeal from the County Court of San Francisco County.

This action was originally commenced in a, Justice’s Court on a promissory note for two hundred dollars. Summons was duly issued and returned served personally on all the defendants, who failed to appear, and judgment was taken against them by default. Defendants appealed from the Avhole judgment of the Justice, on questions of both law and fact. No statement of the grounds upon which the appellants intended to rely in the County Court was filed with the Justice.

On the calling of the case in .the County Court, the respondent moved to dismiss the appeal, on the ground that an appeal could not be taken from a Justice’s judgment rendered by default, on questions of both law and fact; which motion was denied by the Court, and respondent excepted.

The County Court allowed the defendant, Newburger, to answer, and ordered a trial anew. The cause was tried without a jury, and judgment rendered for the defendant; from which the plaintiff appealed to this Court.