People v. Hager

California Supreme Court

People v. Hager

19 Cal. 462

DecidedJuly 1, 1861

StatusPublished

This text of 19 Cal. 462 (People v. Hager) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Hager, 19 Cal. 462 (Cal. 1861).

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Opinion

Baldwin, J. delivered the opinion of the Court

Field, C. J. and Cope, J. concurring.

The judgment by default in this case is erroneous. The judgment is for, among other things, Contingent tax, and, for the year 1859, for Building tax, levied by the Board of Supervisors. We have been referred to no authority for levying these items, and yet judgment is given for them. The judgment, so far, is wholly unauthorized—the complaint showing no cause of action as to those items. As judgment was rendered in the absence of defendant, we think it best to remand the case, that he may set up his defense, if he has any, except as above indicated.

So ordered.

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Baldwin, J. delivered the opinion of the Court

Field, C. J. and Cope, J. concurring.

The judgment by default in this case is erroneous. The judgment is for, among other things, Contingent tax, and, for the year 1859, for Building tax, levied by the Board of Supervisors. We have been referred to no authority for levying these items, and yet judgment is given for them. The judgment, so far, is wholly unauthorized—the complaint showing no cause of action as to those items. As judgment was rendered in the absence of defendant, we think it best to remand the case, that he may set up his defense, if he has any, except as above indicated.

So ordered.

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Bluebook (online)

19 Cal. 462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hager-cal-1861.