Legal Opinion

McBlain v. McBlain

California Supreme Court

Decided December 12, 1888No. 11281PublishedCited by 26 opinions

Appeal from an order of the Superior Court of the city and county of San Francisco refusing to set aside a judgment by default. The facts are stated in the opinion of the court.

1Opinion of the CourtPaterson, J.

Action for divorce. The complaint was filed July 10, 1884; summons issued the same day; affidavit for publication of summons was made July 15th; order for publication of summons was made July 16th, but not filed until October 27, 1884. The default of the defendant for failure to answer was entered October 17, 1884, on an affidavit of John M. Wheeler, made that day, alleging that he delivered to the defendant personally in the city of Philadelphia, on the seventeenth day of July, 1884, a copy of the complaint and summons. On October 27, 1884, one J. F. McLaughlin made affidavit that the…

2Cases cited1 opinion

  1. Freeman v. AldersonSupreme Court of the United States · 1886

3Cited by26 opinions

  1. Deyoe v. Superior CourtCalifornia Supreme Court · 1903
  2. Grannis v. Superior CourtCalifornia Supreme Court · 1905
  3. Wadsworth v. WadsworthCalifornia Supreme Court · 1889
  4. Garcia v. GarciaCalifornia Court of Appeal · 1951
  5. Mulkey v. MulkeyCalifornia Supreme Court · 1893

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