Dimick v. Campbell
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. Ejectment to recover a lot in San Francisco, and for two hundred dollars damages.
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. Ejectment to recover a lot in San Francisco, and for two hundred dollars damages. The following was the affidavit of service of summons : “ George D. Symonds, being duly sworn, says, he is a free white male citizen of the United States;. over twenty-one years of age, and not interested in the event of this suit, and that on the 29th day of May, 1865, he served the within summons on said defendant, Margaret Campbell, by delivering to her, in hand in said city and county, a copy of this summons,…
1Opinion of the Court
By the Court, Sawyer, J.:
This is an appeal from the judgment, and there being no statement on appeal, we can only examine such questions as arise on the judgment roll. The affidavit and notice of motion to strike out defendant’s answer, and affidavit of service of said notice, constitute no part of the judgment roll, and are improperly in the record. (Abbott v. Douglass, 28 Cal. 295.) Disregarding these documents, as we are compelled to do, and looking to the judgment roll alone, it cannot be determined upon what ground the District Court struck out the defendant’s answer. We cannot presume…
2Cases cited1 opinion
- Abbott v. DouglassCalifornia Supreme Court · 1865
3Cited by5 opinions
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