Wallace v. Eldredge

Citations

• 27 Cal. 495

Syllabus

<p>Judgment after Default.—The Clerk of a Court, in entering a judgment after default, acts in a mere ministerial capacity, and cannot render a judgment granting any relief beyond that warranted by the facts stated in the complaint.</p> <p>Entry of Judgment by Clerk after Default.—If the note sued on is payable in money generally, and the complaint contains a copy of the same, the Clerk cannot, after default, enter a judgment payable in gold coin, although the complaint prays for such judgment.</p>