People v. Pearson
California Supreme Court
Appeal from an order of the Superior Court of Fresno County refusing to vacate a judgment. The action was commenced on the 1st of July, 1876, and a judgment in favor of the plaintiff was entered on the 25th of October, 1876. On the 27th of August, 1887, the defendant served and filed his notice of motion to vacate the judgment. The further facts are stated in the opinion of the court.
1Opinion of the CourtThornton, J.
This action was brought to foreclose the interest of the defendant, as a delinquent purchaser from the state, in a certificate of purchase of lands in Fresno County. The judgment was by default, and was entered after an alleged constructive service of the summons by publication. The judgment was entered in favor of plaintiff on the 25th of October, 1876. Defendant moved to vacate the judgment, on the ground that there had never been any affidavit made or order directing the service of summons by publication. The motion was denied, and defendant excepted. It appears from the bill of exceptions…
2Cases cited3 opinions
- People v. GreeneCalifornia Supreme Court · 1887
- People v. MullanCalifornia Supreme Court · 1884
- People v. ApplegarthCalifornia Supreme Court · 1883
3Cited by9 opinions
- Estate of DavisCalifornia Supreme Court · 1907
- People v. HarrisonCalifornia Supreme Court · 1890
- People ex rel. Lynch v. HarrisonCalifornia Supreme Court · 1895
- Sharp v. Eagle Lake Lumber Co.California Court of Appeal · 1923
- Matter of TraceyCalifornia Supreme Court · 1902
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