Bailey v. Sloan

Citations

• 65 Cal. 387
• 4 P. 349
• 1884 Cal. LEXIS 567

Syllabus

<p>Jueisdiction of Supebioe Couet—Complaint—Ad Damnum Clause.—The ad damnum clause of the complaint is the test of jurisdiction, and where the demand according to that clause exceeds three hundred dollars, exclusive of interest, the Superior Court has jurisdiction of the action.</p> <p>Default Judgment—Entby by Olebk.—Where a demurrer to the complaint has been overruled, and the defendant fails to file an answer within the time granted him, the clerk is authorized to enter his default and judgment for the amount specified in the summons.</p> <p>Id. —Pbacitce— Ovekbuling Demueeeb—Notice of—Appeal.—If the defendant against whom a judgment by default has been taken for a failure to answer within ten days after his demurrer to the complaint has been overruled, desires to avail himself of an omission on the part of the plaintiff to give him notice of the overruling of the demurrer, he should move the trial court to set aside the default and judgment on that ground, and if the motion is denied, appeal from the order denying it.</p>