William Wilson Co. v. Trainor
California Court of Appeal
APPEAL from a judgment of the Superior Court of the City and County of San Francisco. John J. Van Nostrand, Judge. The facts are stated in the opinion of the court.
1Opinion of the Court
THE COURT.
This is an appeal upon behalf of both defendants from a judgment in an action of unlawful detainer.
Upon a direct attack by appeal the judgment cannot be held to be void merely because the affidavits upon which the order for publication of summons was granted, do not appear in the judgment-roll as is required by section 670 of the Code of Civil Procedure. It appears from the order for publication upon which the default of the defendant John Trainor was entered, that the affidavits made in support of the order for publication were on file in the action, and that they were subsequently…
2Cases cited6 opinions
- Kaiser Land and Fruit Co. v. CurryCalifornia Supreme Court · 1909
- Alaska Salmon Co. v. Standard Box Co.California Supreme Court · 1910
- Kahn v. MatthaiCalifornia Supreme Court · 1897
- Goodale v. CoffeeOregon Supreme Court · 1893
- White v. AllattCalifornia Supreme Court · 1890
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3Cited by10 opinions
- Searcy v. Hemet Unified School DistrictCalifornia Court of Appeal · 1986
- Brooks v. NelsonCalifornia Court of Appeal · 1928
- D'Amico v. RiedelCalifornia Court of Appeal · 1949
- Art Metal Constr. Co. v. A. F. Anderson Co.California Supreme Court · 1920
- Bank of Enoree v. YarboroughSupreme Court of South Carolina · 1922
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