Kittridge v. Stevens

Citations

• 16 Cal. 381

Syllabus

<p>In suit to recover money due on a promissory note, and to establish a lien for the amount upon certain real estate purchased with money advanced by plaintiff to defendant, and for which advance the note was given, the Clerk entered judgment by default for the amount of the note. Plaintiff, having exhausted his remedies on this judgment, by execution and proceedings supplementary thereto, obtained from the Court a decree for the equitable relief sought in the complaint, to wit: for a lien upon, and a sale of the real estate. Held, that this decree was coram nort judice, and void—assuming the judgment by the defendant to be valid. Such judgment, if valid, terminated the controversy, and whatever related to the merits of the case was merged in the judgment.</p> <p>Doubtful, whether the Clerk could enter judgment, in action of this nature, without application to the Court. This point reserved.</p>