Bakersfield Improvement Co. v. Bakersfield Theater Co.

This is an appeal by the defendant, Irving C. Ackerman, from a judgment in favor of the plaintiff in the sum of three thousand dollars against him and the defendant, F. A. Giesea, as sureties for the payment of rent under a lease in which the defendant corporation was the lessee.

[1] Appellant contends, first, that as the corporation defendant was never served with summons and did not appear, the action was never at issue and a trial was improper. The action was prosecuted against the several defendants upon their joint and several- liability. Section 414 of the Code of Civil Procedure applies to such a situation and provides that when summons is served on one or more, the plaintiff may proceed agaipst the defendants served in the same manner as if they mere the only defendants. Where there is a several liability, the court has a right to render a several judgment against any defendant without regard to the liability of any other defendant. (Anderson v. Nawa, 25 Cal. App. 151, 156, 157 , [ 143 Pac. 555 ].)

The appellant next presents the argument that the bond was given without consideration, and relies for this contention upon the following facts: The lease between the…