Riverside County v. Stockman

Citations

• 124 Cal. 222
• 56 P. 1027
• 1899 Cal. LEXIS 974

Syllabus

<p>Pleading—Service of Amended Complaint—Recital in Judgment— Presumption upon Appeal.—An amendment to the complaint must be served on all the defendants to be affected thereby; but where the judgment recites that certain defaulting defendants were regularly served with the complaint, and that their defaults were regularly had and taken, it will be presumed upon their appeal from the judgment, in the absence of a showing to the contrary, that amendments to the complaint were duly served on them, and that evidence of such service was before the court when making its decree.</p> <p>Id.—Judgment-roll—Proof of Service.—The statute concerning the contents of the judgment-roll does not require the proof of service of amended pleadings to appear therein.</p> <p>Id.—Sufficiency of Complaint—Certainty—Exhibits.—A complaint which, when taken in connection with the exhibits thereto shows a cause of action, though subject to a demurrer for uncertainty, is sufficient to support a judgment against defaulting defendants.</p>