Opinion
04-01-1851
BURT ET AL. v. SCRANTOM ET AL.
APPEAL from the District Court of the Ninth Judicial District. The facts will be found in the opinion of the Court.
By the Court, HASTINGS, Ch. J. This action was commenced on the eighth day of March, A.D. 1851, in Butte County, Ninth Judicial District, the plaintiffs being residents of this county, and the defendants residents of Sacramento County. The summons was issued on the tenth day of March and was served on the twelfth. The answer was filed on the fourteenth day of April; and the term of the Court commenced on the ninth day of April. The defendants had thirty days after the service, within which to answer. The default was taken on the eleventh day of April, which was irregular, as thirty days had not elapsed excluding the day of service. A jury was afterwards called, who found a verdict for plaintiffs, and final judgment was entered accordingly. These proceedings were also irregular, as the trial could not be had under the twenty-third and twenty-seventh rules adopted by the Supreme Court for the government of the District Courts. The judgment is therefore reversed, and the cause remanded for a new trial.