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· 7/1/1858

Rowe v. Table Mountain Water Co.

Citations

  • 10 Cal. 441

Syllabus

<p>Where the summons has been duly served, a judgment by default amounts to a confession, on the part of the defendants, of all the material facts in the complaint.</p> <p>A corporation may bind itself by a note and mortgage, made by its president and secretary, and signed by them in their official capacity, as such.</p> <p>In a suit on a promissory note and mortgage, the Court may give a general judgment for the amount due on the note, and at the same time a decree of foreclosure of the mortgaged premises.*</p> <p>A sheriff's return on the summons against a corporation, that he served the same on the president and secretary of, the company, is prima facie evidence that the persons named in the return were such officers.</p>

Judges: Baldwin

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