Does the rule that default judgment in excess of the prayer of a complaint apply to the Hibernia suit to quiet title?
California, United States of America
The following excerpt is from Burch v. Hibernia Bank, 146 Cal.App.2d 422, 304 P.2d 212 (Cal. App. 1956):
The rule that a default judgment in excess of the prayer of a complaint is void has no application to the Hibernia suit to quiet title. Burtnett v. King, 33 Cal.2d 805, at page 808, 205 P.2d 657, at page 658, 12 A.L.R.2d 333, states the reason for the rule:
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