Guy v. Ide
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. The plaintiffs filed their verified bill, to foreclose a mortgage made by one Lyman Mowry deceased, setting forth that the estate of Mowry is largely insolvent, and that the mortgaged premises are insufficient to pay the mortgage debt, and that Mowry had sold the land, subject to the mortgage to the defendant Ide, the other defendants being subsequent incumbrancers.
Read the full summary
Appeal from the Superior Court of the City of San Francisco. The plaintiffs filed their verified bill, to foreclose a mortgage made by one Lyman Mowry deceased, setting forth that the estate of Mowry is largely insolvent, and that the mortgaged premises are insufficient to pay the mortgage debt, and that Mowry had sold the land, subject to the mortgage to the defendant Ide, the other defendants being subsequent incumbrancers. Service was made on Ide by publication, on affidavit that he had been diligently sought for at his residence, and was believed to be concealing himself to avoid service,…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Justice Heydenfeldt.
Mr. Justice Terry concurred.
The first point relied on is, that the affidavit of publication is not sufficient to have authorized the publication for the purpose of effecting service on the defendant. Under the circumstances of this ease, we could not disturb the judgment on any such ground, even if there had been no affidavit whatever. Our Practice Act provides that where a defendant has not been personally served with the summons and a copy of the complaint, he may at any time within six months after judgment come in and…
2Cited by17 opinions
- McMillan v. RichardsCalifornia Supreme Court · 1858
- Emeric v. AlvaradoCalifornia Supreme Court · 1884
- People v. NortheyCalifornia Supreme Court · 1888
- Haas v. Chicago Building SocietyIllinois Supreme Court · 1878
- Schreiber v. CareyWisconsin Supreme Court · 1880
12 more not listed; retrieve them via the Exa API.