Roberts v. Jacob
California Supreme Court
APPEAL from a judgment of the Superior Court of San Diego County. E. S. Torrence, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtHenshaw, J.
Judgment was entered in favor of plaintiff: and against the defendants in 1897. Jurisdiction of the defendants was obtained by publication of summons. Eight years after the entry of the judgment the trial court set it aside upon the ground that the facts set out in the affidavit for the order of publication did not show the due diligence required by section 412 of the Code of Civil Procedure. Plaintiff appeals.
The affidavit for publication of summons in this case contained all that was embraced in the affidavit considered by this court in Rue v. Quinn, 137 Cal. 651, [66 Pac. 216, 70 Pac.…
2Cases cited14 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Roller v. HollySupreme Court of the United States · 1900
- Rue v. QuinnCalifornia Supreme Court · 1902
- Town of Santa Monica v. GuidingerCalifornia Supreme Court · 1902
- Emery v. KippCalifornia Supreme Court · 1908
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3Cited by2 opinions
- Tilton v. RussekCalifornia Supreme Court · 1916
- State Ex Rel. Trustee Realty Co. v. AtkinsonSupreme Court of Florida · 1929