Colquhoun v. Pack
California Court of Appeal
APPEAL from an order of the Superior Court of the City and County of San Francisco denying a motion to set aside a default judgment. E. P. Mogan, Judge. The facts are stated in the opinion of the court.
1Opinion of the Court
THE COURT.
This is an appeal from an order denying a motion to set aside a default judgment entered against the partnership defendant in the above entitled action. The ground of the motion was in effect that the copartnership d.e fendant had not been served with summons. The appeal comes here upon the judgment-roll in the action, and a duly authenticated record of the proceedings had upon the hearing and determination of the motion.
The motion was grounded, presented, and determined entirely upon the point that although the return of summons showed a service of process upon the defendant Thomas…
2Cases cited1 opinion
- Morrissey v. GrayCalifornia Supreme Court · 1912
3Cited by3 opinions
- Nicholls v. AndersCalifornia Court of Appeal · 1936
- James v. HallCalifornia Court of Appeal · 1928
- Bley v. DessinCalifornia Court of Appeal · 1939