Donian

Donian v. Danielian

Good Law
1928 Cal. App. LEXIS 189·90 Cal. App. 675·266 P. 817
Court of Appeal of CaliforniaApril 6, 1928Docket No. 4971.California1,973 words

Opinion

lead Opinion

Valentine, J.

This is an appeal from a judgment rendered in an action to recover upon a judgment of the county court of Cook County, Illinois. Appellant, among other things, contends that the demurrer to the complaint should have been sustained because the complaint did not allege that any pleadings had ever been filed on which a judgment could he bqsed, or that the judgment there alleged was supported by any pleading, nor that the law of Illinois dispensed with, such pleading, nor did the complaint allege the issuance or service of any summons.

Section 456 of the Code of Civil Procedure. provides: “In pleading a judgment or other determination of a court, officer, or board, it is not necessary to state the facts conferring jurisdiction, but such judgment or determination may be stated to have been duly given or made. If such allegation be controverted, the party pleading must establish on the trial the facts conferring jurisdiction.”

The complaint alleges: “That thereupon such proceedings were had therein in said court; that, on the 16th day of November, 1917, a judgment for the sum of four hundred sixty-three and 75/100 dollars ($463.75) was duly given and made by said court in favor of the…

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