Legal Opinion

Howard v. Galloway

California Supreme Court

Decided January 19, 1882No. 8,018PublishedCited by 5 opinions

Appeal Tby defendant Annie B. Galloway, and Annie B-Galloway, executrix of J. W. Galloway, deceased, from a judgment for the plaintiff in the Superior Court of the City and County of San Francisco. Hunt, J.

1Opinion of the Court

Thornton, J.:

The judgment in this case against Annie B. Galloway, in her own proper person, and against her as executrix of Joseph Galloway, deceased, was by default. She (the only party appealing) makes the point that there is no proof of service of summons on her in either capacity, as above stated, and therefore the judgment was rendered without jurisdiction. On examination of the proof of service, it appears to be clearly defective. The service was not made by the Sheriff, and the affidavit does not state that the person making the service was over eighteen years of age at the time of…

2Cases cited2 opinions

  1. Guy v. IdeCalifornia Supreme Court · 1856
  2. Maynard v. MacCrellishCalifornia Supreme Court · 1881

3Cited by5 opinions

  1. Luz v. LopesCalifornia Supreme Court · 1960
  2. Barney v. VigoureauxCalifornia Supreme Court · 1888
  3. Lyons v. CunninghamCalifornia Supreme Court · 1884
  4. Thomas v. LuongCalifornia Court of Appeal · 1986
  5. Thomas v. LuongCalifornia Court of Appeal · 1986

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