Wissman v. Cabaniss
California Court of Appeal
APPLICATION for a Writ of Mandate originally made to the District Court of Appeal for the First Appellate District to compel the Superior Court to direct the answering of questions upon a deposition. The facts are stated in the opinion of the court.
1Opinion of the Court
THE COURT.
Petition for writ of mandate.
The court is of the opinion that this writ should issue. As to the effect of the decree in the former proceeding, we are of the opinion that it was entirely ineffectual to decide any property rights between the husband and wife by reason of the fact that the wife was not personally served with process. In that proceeding the court was without jurisdiction to determine the question of property rights in the absence of personal service. That being so, the wife had a right to bring the action out of which this proceeding arose, and she had the statutory…
2Cited by8 opinions
- Hays v. Superior CourtCalifornia Supreme Court · 1940
- McClatchy Newspapers v. Superior CourtCalifornia Supreme Court · 1945
- Zellerbach v. Superior CourtCalifornia Court of Appeal · 1934
- Gubin v. Superior CourtCalifornia Court of Appeal · 1930
- Church v. PayneCalifornia Court of Appeal · 1939
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