10 Cal. 511
Decided July 1, 1858
California Supreme Court · decided 1858-07-01
This was an action on a promissory note and mortgage. The complaint prayed for judgment against all of the defendants, eight in number, and for a foreclosure of the mortgaged premises. The summons was served on all of the defendants except James Brady, who was not served—nor did he appear in the action. The Court below entered a personal judgment against all of the defendants, and ordered the sale of the mortgaged premises.
Decided 1858-07-01
¶1Field, J., and Baldwin, J., concurring.
¶2The Court below erred in entering a personal judgment against Brady, one of the defendants, who was not served with process.
¶3The judgment is reversed, and cause remanded, with directions to the Court below to enter a judgment in accordance with the provisions of the first subdivision of section thirty-two of the Civil Practice Act.