Eccleston

Eccleston v. Roseberg

Good Law
1921 Cal. App. LEXIS 375·53 Cal. App. 14·199 P. 859
Court of Appeal of CaliforniaMay 26, 1921Civ. No. 3599.California811 words

Opinion

Lead Opinion

Conrey, J.

The complaint alleged that on the twenty-fifth day of April, 1913, a judgment was duly given and made in favor of the plaintiff and against the defendant for a stated amount. This is an action to renew that judgment. By her answer in this action the defendant denied that said former judgment was duly given or made, and alleged that the court in said former action was without jurisdiction to make or enter any judgment against the defendant. Judgment having been entered in favor of plaintiff in this action, the defendant appeals therefrom.

At the trial in this action, the plaintiff introduced in evidence the judgment-roll in the former action. The summons and return were missing. The original complaint in that action was filed on the first day of July, 1911, and alleged that the defendant was then of the age of about thirteen years. An amended complaint was filed on the fifth day of October, 1912. Supplemental matter was contained therein, whereby, after stating that on the ninth day of June, 1911, the defendant was of the age of fourteen years, it was alleged that S. R. Roseberg, her father, “was on the eighteenth day of October, 1911, duly appointed by an order of said superior…

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