People v. Applegarth
California Supreme Court
Appeal from a judgment and decree of the Superior Court of Fresno County, and from an order refusing to set aside the judgment and decree. Action to foreclose the interest of defendant in a certificate of purchase of certain school lands, and to cancel the certificate upon the ground that defendant was a delinquent purchaser.
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Appeal from a judgment and decree of the Superior Court of Fresno County, and from an order refusing to set aside the judgment and decree. Action to foreclose the interest of defendant in a certificate of purchase of certain school lands, and to cancel the certificate upon the ground that defendant was a delinquent purchaser. It did not appear from the record that any personal service of summons was made, or any affidavit for publication of summons or order of court therefor. Judgment by default was rendered against the defendant. He moved to set aside the judgment and decree upon the ground…
1Per curiam
The service of summons by publication in such a case as this should have been made in accordance with the provisions of the Code of Civil Procedure. The four Codes constitute but one statute (Pol. Code, § 4480), and we are of opinion that the provisions of the Political Code must be read in connection with the provisions of the Code of Civil Procedure on this subject. Under these latter provisions there must have been an affidavit for publication of summons and an order of the court or judge thereon
The judgment and order arc reversed and the cause remanded.
2Cited by6 opinions
- People v. DobbinsCalifornia Supreme Court · 1887
- People ex rel. Lynch v. HarrisonCalifornia Supreme Court · 1895
- People v. NorrisCalifornia Supreme Court · 1904
- Sharp v. Eagle Lake Lumber Co.California Court of Appeal · 1923
- Sunset Telephone & Telegraph Co. v. City of PomonaCourt of Appeals for the Ninth Circuit · 1909
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