Lugo

In an action of M. Lugo, Plaintiff, v. Geo. W. Hood et al., Defendants, in the justice’s court of Venice township, in the county of Los Angeles, a judgment by default was entered against the defendants on the second day of February, 1921. Thereafter, and within due time, the defendants gave notice of appeal on questions of both law and fact, which appeal was duly perfected. Thereafter the case came on for hearing before the superior court. This is a proceeding to review a judgment entered by the superior court as the result of that hearing. The judgment recites that the parties appeared before the court by their attorneys, “and no testimony having been given on the part of either plaintiff or defendant, and defendants’ Exhibit ‘A’ having been filed, and the cause having been argued,” the court ordered judgment for the defendants. Thereupon judgment was entered against the plaintiff and in favor of defendants for their costs.

[1] Where a judgment upon default has been entered in a justice’s court, there can be no appeal on questions of fact. The party appealing cannot extend the scope of his appeal beyond questions of law by designating the appeal as one upon questions of both law…