Weil v. Bent
California Supreme Court
Appeal by defendant F. Palomares from a judgment for the plaintiff in the Superior Court of Los Angeles County. Howard, J. The affidavit of service of summons is in the following form: M. J. Wicks, being duly sworn, deposes and says: I am over the age of eighteen years and not a party .to nor interested in this action, etc., etc. There was an amended complaint in the case with an affidavit of service on defendant Palomares.
1Opinion of the Court
The Court:
This is an appeal by defendant Palomares from a default judgment. The affidavit of service of summons does not show that affiant was over the age of eighteen years at the time of the service. On authority of Maynard v. McCrellish, 57 Cal. 855, and Howard v Galloway, supra, p. 10.
Judgment is reversed and cause remanded.
2Cited by2 opinions
- Barney v. VigoureauxCalifornia Supreme Court · 1888
- Horton v. GallardoCalifornia Supreme Court · 1891