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77 Cal. 50

People v. Otto

California Supreme Court

Decided June 27, 1888

California Supreme Court · decided 1888-06-27

The action was brought upon the official bond of Wil- • liam H. Otto, as tax collector of the county of Del Norte. The defendant Otto made default. The sureties filed a' verified answer, which the district attorney moved to strike out as sham and irrelevant, and interposed only for purposes of delay.

Good law ✅— No negative treatment on recordhow we know

Decided 1888-06-27

How this case has been cited

Cited by 20 later decisions — most recently September 1972

2 federal appellate · 16 state decisions

501888189019001910192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Searls, C. J.

¶1This is an appeal by the people from a judgment in their favor for $1,769.31, and interest and costs.'

¶2In the complaint plaintiffs demand judgment for a further sum of $632.62, making an aggregate of $2,281.83.

¶3After the answer of defendants was filed, plaintiffs moved, “upon all the papers on file in this action,” to strike out as sham and irrelevant the answer of defendants, and for judgment as by default on the pleadings in said action.

¶4No order seems to have been made striking out the answer, but judgment was rendered in favor of the people and against defendants as above stated.

¶5The case comes before us on an appeal from the judgment. There is no statement or bill of exceptions.

¶6As the motion was based on all the papers on file in the case, and as the record contains only the judgment roll, non constat but there was something in the papers on file, and which are not a part of the judgment roll, which warranted the court in awarding judgment for the amount specified in such judgment.

¶7The judgment is affirmed.

¶8McKinstry, J., Paterson, J., and Temple, J., concurred.

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