Horton v. Gallardo

Vanclief, C.

This is an appeal by the defendant from a judgment against him by default, and his counsel makes the point here that the summons in the action was not served on him.

The only evidence contained in the record from which the court could have found service of summons upon the defendant is the following affidavit, indorsed on the summons:—

“Office of the sheriff of Los Angeles County.

“ I hereby swear that I received the within summons on the twenty-sixth day of February, A. D. 1890, and personally served the same on the twenty-seventh day of February, A. D. 1890, by delivering a copy…