Ligare v. California Southern Railroad
California Supreme Court
Appeal from a judgment of the Superior Court of San Diego County, and from an order denying a new trial. The action was brought by the plaintiff, a non-resident, to quiet his title to certain lands to which the defendant claimed title under a judgment in a condemnation proceeding. Judgment was rendered in favor of the defendant, from which, and from an order refusing him a new trial, the plaintiff appealed. The further facts are stated in the opinion.
1Opinion of the Court
Hayne, C.
The sole question in this case is as to the sufficiency of a service of summons by publication to sustain a judgment by default in a proceeding to condemn land. The particulars in which the publication proceedings are supposed to be insufficient are the following: —
1. It is said that the summons was not signed by the clerk. The statute requires that it should be so signed. (Code Civ. Proc., sec. 407.) But we think the affixing by the clerk of the seal of the court to a form to which was appended his printed name was an adoption of the printed signature which for the purpose in hand…
2Cases cited6 opinions
- Forbes v. HydeCalifornia Supreme Court · 1866
- Ricketson v. RichardsonCalifornia Supreme Court · 1864
- Anderson v. GoffCalifornia Supreme Court · 1887
- Hancock v. BowmanCalifornia Supreme Court · 1874
- Brock v. MartinovichCalifornia Supreme Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Mundo v. FústerSupreme Court of Puerto Rico · 1963
- Weiner v. MullaneyCalifornia Court of Appeal · 1943
- Newport v. City of Los AngelesCalifornia Court of Appeal · 1960
- Senior Loiza Corporation v. Vento Development CorporationCourt of Appeals for the First Circuit · 1985
- Elmore v. TingleyCalifornia Court of Appeal · 1926
25 more not listed; retrieve them via the Exa API.