Dake Advertising Agency v. Fielding J. Stilson Co.

California Court of Appeal

Dake Advertising Agency v. Fielding J. Stilson Co.

133 P. 327, 22 Cal. App. 31, 1913 Cal. App. LEXIS 65

CourtCalifornia Court of Appeal

DecidedMay 8, 1913

DocketCiv. No. 1298.

StatusPublished

This text of 133 P. 327 (Dake Advertising Agency v. Fielding J. Stilson Co.) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dake Advertising Agency v. Fielding J. Stilson Co., 133 P. 327, 22 Cal. App. 31, 1913 Cal. App. LEXIS 65 (Cal. Ct. App. 1913).

Pincite

Opinion

JAMES, J.

Plaintiff brought this action to recover from defendant corporation $608.57. The individual defendants were sued as stockholders of defendant. After demurrer, made on the general ground only, had been interposed and overruled, all of the defendants defaulted and judgment *32 was entered by the cleric. The judgment asked against F. J. Stilson was for $202.89, and as entered by the clerk was for the sum of $214.73. This judgment was erroneously entered because of the fact that the superior court was without jurisdiction to entertain the claim as against this defendant for an amount less than $300. Defendant Mary E. Stilson was sued for the sum of $405.68 and the judgment entered against her was for the sum of $429.34 and $8 costs. This sum was $23.66 in excess of the demand of the complaint.

The judgment as to defendant corporation is affirmed; the judgment as to defendant Fielding J. Stilson is reversed; the judgment as to defendant Mary E. Stilson is ordered to be modified by subtracting therefrom the sum of $23.66, and as so modified it is affirmed, this defendant to recover any costs she may have incurred on this appeal.

Allen, P. J., and Shaw, J., concurred.

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JAMES, J.

Plaintiff brought this action to recover from defendant corporation $608.57. The individual defendants were sued as stockholders of defendant. After demurrer, made on the general ground only, had been interposed and overruled, all of the defendants defaulted and judgment *32 was entered by the cleric. The judgment asked against F. J. Stilson was for $202.89, and as entered by the clerk was for the sum of $214.73. This judgment was erroneously entered because of the fact that the superior court was without jurisdiction to entertain the claim as against this defendant for an amount less than $300. Defendant Mary E. Stilson was sued for the sum of $405.68 and the judgment entered against her was for the sum of $429.34 and $8 costs. This sum was $23.66 in excess of the demand of the complaint.

The judgment as to defendant corporation is affirmed; the judgment as to defendant Fielding J. Stilson is reversed; the judgment as to defendant Mary E. Stilson is ordered to be modified by subtracting therefrom the sum of $23.66, and as so modified it is affirmed, this defendant to recover any costs she may have incurred on this appeal.

Allen, P. J., and Shaw, J., concurred.

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Bluebook (online)

133 P. 327, 22 Cal. App. 31, 1913 Cal. App. LEXIS 65, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dake-advertising-agency-v-fielding-j-stilson-co-calctapp-1913.