Wilber Stock Food Co. v. Wesley

Section 5190 of the Civil Code provides that written notice of the sanction of a writ of certiorari and of the time and place of hearing shall he “given to the opposite party at interest, his agent or attorney.” A plaintiff in certiorari does not prove compliance with this section of the code by merely showing that a registered letter containing the notice required by law was addressed to the defendant in certiorari, mailed in the post-office, and delivered by a postman to a son of the defendant at the latter’s home during his absence, and that the son receipted for the letter and delivered…