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Dake Advertising Agency v. Fielding J. Stilson Co.
22 Cal. App. 31
| Cal. Ct. App. | 1913
|
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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 *Page 32 was entered by the clerk. 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.

Case Details

Case Name: Dake Advertising Agency v. Fielding J. Stilson Co.
Court Name: California Court of Appeal
Date Published: May 8, 1913
Citation: 22 Cal. App. 31
Docket Number: Civ. No. 1298.
Court Abbreviation: Cal. Ct. App.
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