Legal Opinion

Columbia Screw Co. v. Warner Lock Co.

California Supreme Court

Decided January 28, 1903No. S.F. No. 2436PublishedCited by 29 opinions

The facts are stated in the opinion.

1Opinion of the Court

COOPER, C.

This appeal is from a default judgment. The defendant is a foreign corporation, and the sole question to be determined is as to the sufficiency of the affidavit to procure the order for publication of summons.

It is provided in the Code of Civil Procedure (sec. 412), in certain cases therein enumerated, upon the showing therein provided for, that the judge may make an order that the service of summons be made by publication where “it also appears by such affidavit, or by the verified complaint on file, that a cause of action exists against the defendant in respect to whom the service…

2Cases cited3 opinions

  1. Ricketson v. RichardsonCalifornia Supreme Court · 1864
  2. Braly v. SeamanCalifornia Supreme Court · 1866
  3. County of Yolo v. KnightCalifornia Supreme Court · 1886

3Cited by29 opinions

  1. Henry R. Jahn & Son, Inc. v. Superior Court of San Mateo CountyCalifornia Supreme Court · 1958
  2. Harris v. CavassoCalifornia Court of Appeal · 1977
  3. Calvert v. Al Binali, California Court of Appeal, 5th District2018
  4. Sanford v. SmithCalifornia Court of Appeal · 1970
  5. Smith v. CollisMontana Supreme Court · 1910

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