Long v. Serrano 55 Cal. 20

[No. 6,796.

Department No. 1.]

LONG v. SERRANO et al.

Pasties—Judgment by Default.—In-an action against several defendants, all of whom were served and defaulted, held, that the clerk had no authority to enter judgment against one only.

Appeal by the defendant Pico, from a judgment for the plaintiff, in the Seventeenth District Court, County of Los Angeles. Sepulveda, J.

The action was brought upon a promissory note made by the defendants Serrano, and Bilderrain, and Pio Pico. All the do*21fendants were served and their defaults duly entered, and judgment by default was entered by the clerk against the defendant Pico.

Glassell, Smith & Smith, for Appellant:

Cited Stearns v. Aguirre, 7 Cal. 443; Code Civ. Proc. §5 585, 414; Chipman v. Bowman, 14 Cal. 153: Kelly v. Van Austin, 17 id. 566; Glidden v. Packard, 28 id. 652; Welsh v. Kirkpatrick, 30 id. 205; Willson v. Cleaveland, id. 198; People v. Evans, 29 id. 429; Chitty on Plead. (31) (33).

Hutton & Godfrey, for Respondent, made no argument.