Pacific Mutual Life Insurance v. Shepardson
California Supreme Court
Appeal from a judgment of the Superior Court of Colusa County. Motion to dismiss appeal. The action was brought to foreclose a mortgage. Judgment was rendered in favor of the plaintiff, from which the defendants appealed.
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Appeal from a judgment of the Superior Court of Colusa County. Motion to dismiss appeal. The action was brought to foreclose a mortgage. Judgment was rendered in favor of the plaintiff, from which the defendants appealed. The affidavit of the service of the notice of appeal was made by the attorney for the defendants, and is as follows:— “ State of California, > County of Colusa.) ss" “ D. Shepardson, one of the defendants in the case of the Pacific Mutual Life Insurance Company v. Dudley Shepardson and Winnie Shepardson, No. 1084, being duly sworn, deposes and says that he alleges and…
1Opinion of the CourtSearls, C. J.
This is a motion to dismiss an appeal,, and must be granted for the following reasons:—
1. The affidavit of service of the notice of appeal does not state positively its service, but only that the affiant alleges and believes he served it.
2. The affidavit fails to show that the affiant and the person served resided or had their offices in different places (Cunningham v. Warneky, 61 Cal. 507), or that there was any communication by mail between Colusa and San Francisco. (Reed v. Allison, 61 Cal. 461; Steele v. Supervisors of Merced County, 62 Cal. 6.)
The appeal is dismissed.
Sharpstein, J.,…
2Cases cited3 opinions
- Cunningham v. WarnekeyCalifornia Supreme Court · 1882
- Reed v. AllisonCalifornia Supreme Court · 1882
- Steele v. Board of SupervisorsCalifornia Supreme Court · 1882
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