Edwards v. Hellings

Citations

• 103 Cal. 204
• 37 P. 218
• 1894 Cal. LEXIS 749

Syllabus

<p>Vacation of Judgment by Default—Inexcusable Neglect—Discre-' tion. ■—Where the summons in a case has been regularly served upon the defendant, and the appearance of an attorney in his behalf was authorized by him, and default was made after the overruling of a demurrer to the complaint interposed by the attorney, the judgment by default cannot be set aside, where it appears that the client did not examine the complaint, and it does not appear that he gave his attorney any statement of the facts in the case, or which would constitute any defense thereto, or that he ever communicated with him in reference to the action, and a -statement in the application to vacate the default that he believed the attorney would defend the action upon its merits is not sufficient to show that the court did not properly exercise its discretion in denying the application.</p> <p>Id.—Refusal to Recall Execution.—In such case the judgment, being regular in form, and rendered after the defendant’s default had been taken, is not void, and after an execution had been regularly issued thereon the court did not err in refusing to recall and quash the execu-' tion.</p> <p>Id.—Entry of Judgment Against One of Two Defendants.—The entry of judgment against a defendant, who has been served after the overruling of his demurrer to the complaint, without at the same time entering judgment against a codefendant not served, is in accordance with' the statute.</p> <p>Id.—Default—Entry of Judgment—Directory Provision.—The provision that the clerk must enter the judgment immediMcly after enter-' ing default is merely directory, and does not render void a judgment subsequently entered upon such default, nor can the defendant against whom the judgment is entered invoke such failure for the purpose of annulling a judgment to which he has no other defense.</p> <p>Id.—Limitation Upon Judgment—When Statute Begins to Run.—The statute of limitations upon a judgment runs from the time of its entry,, and not from