Hogs Back Consolidated Mining Co. v. New Basil Consolidated Mining Co.
California Supreme Court
Appeal from a judgment of the Superior Court of Placer County. The plaintiff and defendant are corporations. The action was brought in the Superior Court of Placer County. The defendant demurred to the complaint, and the plaintiff confessed the demurrer, and obtained leave to amend within twenty days. An amended complaint was filed accordingly, with an affidavit attached showing an attempted service by mail.
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Appeal from a judgment of the Superior Court of Placer County. The plaintiff and defendant are corporations. The action was brought in the Superior Court of Placer County. The defendant demurred to the complaint, and the plaintiff confessed the demurrer, and obtained leave to amend within twenty days. An amended complaint was filed accordingly, with an affidavit attached showing an attempted service by mail. A judgment by default was entered against the defendant for failing to answer the amended complaint. The additional facts appear in the opinion of the court.
1Opinion of the Court
Pee Curiam.
In this case plaintiff had judgment against defendant by default; the court below denied a motion to open the default, and defendant appealed.
The following is the affidavit of service of the amended complaint: —
“D. W. Spear of said Placer County, being duly sworn, says: That he is a citizen of the United States, and is, and was on the 20th day of October, 1881, over eighteen years of age, and not a party to this action. That on the 20th day of October, 1881, the amended complaint in the said action was filed; that forthwith, to wit, on the 20th day of October, 1881, he, affiant,…
2Cases cited3 opinions
- Cunningham v. WarnekeyCalifornia Supreme Court · 1882
- Reed v. AllisonCalifornia Supreme Court · 1882
- People v. Alameda Turnpike Road Co.California Supreme Court · 1866
3Cited by8 opinions
- Santana v. SalinasSupreme Court of Puerto Rico · 1939
- Carlon v. GrayCalifornia Court of Appeal · 1935
- Gascón v. AlvarezSupreme Court of Puerto Rico · 1920
- Townsend v. ParkerCalifornia Court of Appeal · 1913
- West v. WestCalifornia Court of Appeal · 1979
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