Peck v. Strauss
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. On the 8th day of March, 1862, the plaintiff commenced an action in the District Court of the Fourth Judicial District against the defendant Strauss and Richard W. Davis, on a promissory note and to foreclose a mortgage given to secure the note. The service of summons was made by Alexander Boyd, who made his return by affidavit, as stated in the opinion of the Court.
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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. On the 8th day of March, 1862, the plaintiff commenced an action in the District Court of the Fourth Judicial District against the defendant Strauss and Richard W. Davis, on a promissory note and to foreclose a mortgage given to secure the note. The service of summons was made by Alexander Boyd, who made his return by affidavit, as stated in the opinion of the Court. Judgment was obtained by default; the property was sold by the Sheriff, and j>urchased by one Peck, who afterwards conveyed to the…
1Opinion of the Court
By the Court, Shafter, J.:
The question presented is whether the Court acquired jurisdiction over Strauss and Davis, defendants in a foreclosure suit brought against them by the plaintiff, in the District Court of the Fourth Judicial District, March 8th, 1862. The question arises upon an attempt to impeach the judgment in that suit collaterally.
The Clerk’s entry of default in the suit states “ that the defendants having been regularly served with process, and having failed to appear and answer the plaintiff’s complaint on file herein, the legal delay for answering having expired, the default…
2Cases cited3 opinions
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