Stearns v. Aguirre
Citations
- 6 Cal. 176
Syllabus
<p>In an action brought jointly against two defendants on a joint and several obligation, the entry of final judgment on default against one of the defendants, is a discharge of the other.</p> <p>In all cases of joint and several contracts, the plaintiff may elect whether he will sue the defendants severally or jointly; having elected to treat his demand as joint, for the purposes of the action, he must he governed by the same rules which would have applied, if his contract originally had been joint and not joint and several, and it is clearly error to enter several judgments against the defendants.</p> <p>There is nothing in the Practice Act of this State which has altered the common law rule.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- if wife participated with her husband in fraudulent scheme to transfer deeds, she would be estopped from setting transfer aside
Source: CourtListener parenthetical corpus (CC0).
Judges: Murray
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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