Smith v. Billett

Citations

• 15 Cal. 23

Syllabus

<p>Where an amended complaint in ejectment sets np title acquired after the commencement of the suit, and a judgment by default is regularly entered, the judgment is valid.</p> <p>If the defendant interpose no objection to trying the case on such subsequently-acquired title, he cannot object after judgment.</p> <p>After judgment by default, in ejectment, a jury trial cannot be awarded, there being no issue.</p> <p>Questions of discretion in the Judge below not reviewed in the Supreme Court, except in cases of gross abuse, to the injury of the party.</p>