Treat v. McCall

California Supreme Court
Treat v. McCall, 10 Cal. 511 (Cal. 1858)
Terry

Treat v. McCall

Opinion of the Court

Terry, C., J., delivered the opinion of the Court

Field, J., and Baldwin, J., concurring.

The Court below erred in entering a personal judgment against Brady, one of the defendants, who was not served with process.

The judgment is reversed, and cause remanded, with directions to the Court below to enter a judgment in accordance with the provisions of the first subdivision of section thirty-two of the Civil Practice Act.

Reference

Full Case Name
TREAT v. McCALL, BRADYs.
Status
Published
Syllabus
A personal judgment can not be given against a party not served with process, in an action on a joint obligation of several defendants.