Furnish v. Mullan
California Supreme Court
Appeal from an order of the Superior Court of the county of Tulare refusing to set aside a judgment rendered upon service of summons by publication. The judgment was rendered April 4,1885. The motion to set aside the judgment was made September 30, 1887, upon the ground that the court never acquired jurisdiction of the defendant, for the reasons specified in the opinion of the court.
1Opinion of the CourtPaterson, J.
The affidavit upon which the order of publication of summons was made states that “ said defendant John Mullan is a proper and necessary party to the actibn; .... that the person on whom the service is to be made formerly resided at the city and county of San Francisco, in this state, .but has departed from the state, and now resides in the city of Washington, District of Columbia.” The order for publication of summons states: “ And it further appearing that the residence of said defendant John Mullan is at the city of Washington, in the District of Columbia, it is ordered and directed that a…
2Cited by4 opinions
- Pettis v. JohnstonSupreme Court of Oklahoma · 1920
- Parsons v. WeisCalifornia Supreme Court · 1904
- Hoffman v. Superior Court of S.F.California Supreme Court · 1907
- Pratt v. StoneNevada Supreme Court · 1900