Belcher v. Chambers
California Supreme Court
Appeal from the District Court of the Tenth Judicial District, Yuba County. The action was originally commenced in March, 1859, by James Haworth, against the defendants, composing the banking firm of Page, Bacon & Co., to recover two thousand nine hundred and fourteen dollars and forty-seven cents, alleged to he due upon certain certificates of deposit.
Read the full summary
Appeal from the District Court of the Tenth Judicial District, Yuba County. The action was originally commenced in March, 1859, by James Haworth, against the defendants, composing the banking firm of Page, Bacon & Co., to recover two thousand nine hundred and fourteen dollars and forty-seven cents, alleged to he due upon certain certificates of deposit. In November, 1859, there was a service of summons by publication, purporting to be a service upon all the defendants, including H. D. Bacon, who was represented in the affidavit to be a resident of St. Louis, Missouri. Bacon returned to the…
1Opinion of the Court
By the Court :
In Galpin v. Page, 18 Wall. 336, the Supreme Court of the United States said: “ The presumptions which the law implies in support of the judgments of superior Courts of general jurisdiction only arise with respect to jurisdictional facts concerning which the record is silent. Presumptions arc only indulged to supply the absence of evidence or averments respecting the facts presumed. They have no place for consideration when the evidence is disclosed or the averment is made. When, therefore, the record states the evidence or makes an averment with reference to a jurisdictional…
2Cases cited4 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Hahn v. KellyCalifornia Supreme Court · 1868
- Olcott v. SupervisorsSupreme Court of the United States · 1873
3Cited by19 opinions
- Matter of the Estate Op Bernard NewManCalifornia Supreme Court · 1888
- Loaiza v. Superior CourtCalifornia Supreme Court · 1890
- First National Bank v. EastmanCalifornia Supreme Court · 1904
- Sacramento Bank v. MontgomeryCalifornia Supreme Court · 1905
- Kelley v. KelleyMassachusetts Supreme Judicial Court · 1894
14 more not listed; retrieve them via the Exa API.