Union Oil Co. of Cal. v. Conejo Oil Co.

This was an action to recover money alleged to be due for certain goods, wares, and merchandise alleged to have been sold and delivered to defendant.

Defendant filed a general demurrer to the complaint. The demurrer was overruled and defendant given ten days to answer. Upon defendant’s failure to answer its default was entered and subsequently judgment was entered by the clerk pursuant to the prayer of the complaint. '

Appellant’s sole contention on this appeal is that the judgment is void in that the county clerk is without authority to enter a judgment against a defendant who has appeared in the action.

Appellant cites authorities to sustain the proposition that the clerk in entering a judgment acts not in a judicial but in a purely ministerial capacity and can only enter a judg ment when expressly authorized to do so by statute. Section 585 of the Code of Civil Procedure prescribes when judgment may be had if defendant fails to answer the complaint. Subdivision 1 is as follows:

In the instant case no answer was filed within the time specified in the summons. Upon the overruling of the demurrer a further time of ten days was granted and no answer was filed within such…