Allison v. Thomas
California Supreme Court
Appeal from-a judgment of the Superior Court of San Bernardino County, and from an order refusing a new trial. The action was brought to quiet title to certain undivided interests in three mining claims, which were originally the property of one John C. McDonald. The defendants claim title to the property by virtue of an execution sale under a judgment by default obtained by them in an action in a Justice’s Court against one John McDonell.
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Appeal from-a judgment of the Superior Court of San Bernardino County, and from an order refusing a new trial. The action was brought to quiet title to certain undivided interests in three mining claims, which were originally the property of one John C. McDonald. The defendants claim title to the property by virtue of an execution sale under a judgment by default obtained by them in an action in a Justice’s Court against one John McDonell. In that action, a copy of the complaint, together with a copy of the summons, was regularly served on McDonell by the sheriff, but his return omitted to…
1Opinion of the CourtTemple, J.
The omission of the initial letter of the middle name of McDonald, in the proceedings in the Justice’s Court, is a matter of no consequence, and does not in any way affect the validity of those proceedings
*564The rule undoubtedly, is, that the record in the Justice’s Court must show affirmatively jurisdiction of the person, or the judgment will not be valid. Here there was in fact jurisdiction, but the return of the constable failed to show due service. After the judgment was entered, this record was amended, and as amended did show jurisdiction. In the mean time, however, the land attached had…
2Cases cited6 opinions
- Frey v. CliffordCalifornia Supreme Court · 1872
- Brown v. JacksonSupreme Court of the United States · 1818
- People v. EddyCalifornia Supreme Court · 1872
- Coe v. Persons UnknownSupreme Judicial Court of Maine · 1857
- Pike v. GalvinSupreme Judicial Court of Maine · 1848
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3Cited by28 opinions
- Matter of the Estate Op Bernard NewManCalifornia Supreme Court · 1888
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- Herman v. SanteeCalifornia Supreme Court · 1894
- Nilsen v. Tenneco Oil Co.Supreme Court of Oklahoma · 1980
- Nisbet v. Clio Mining Co.California Court of Appeal · 1905
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