People ex rel. Bunnell v. Hager (1860) · DecisionDepot

People ex rel. Bunnell v. Hager

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Nov 14, 1860 No. No. 2973Published

Before: Baldwin, Cope, Field, Iwe

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Holding. The court held that a default judgment including unauthorized items such as contingent and building taxes is erroneous and must be remanded to allow the defendant to present a defense.

Issues

Whether a default judgment including unauthorized tax items is erroneous.
Whether the defendant should be granted an opportunity to set up a defense after an erroneous default judgment.

Disposition. remanded

Quotations verified verbatim against the opinion

“The judgment by default in this case is erroneous.”

“The judgment so far is wholly unauthorized, the complaint showing no cause of action as to those items.”

“As judgment was rendered in the absence of defendants, we think it best to remand the ease that he may set up his defense”

Synopsis

APPEAL from Fourth Judicial District, San Francisco County.

BALDWIN, J. The judgment by default in this case is erroneous. The judgment is for, among other things, contingent tax, and, for the year 1859, for building tax levied by the board of supervisors. We have been referred to no authority for levying these items, and yet judgment is given [93]for them. The judgment so far is wholly unauthorized, the complaint showing no cause of action as to those items. As judgment was rendered in the absence of defendants, we think it best to remand the ease that he may set up his defense, if he has any, except as above indicated.

So ordered.

iWe concur: Field, C. J.; Cope, J.

People ex rel. Bunnell v. Hager

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