Ricketson v. Richardson
California Supreme Court
Appeal from the District Court, Seventh Judicial District, Marin County. This was a suit to foreclose a mortgage upon certain real estate situated in the County of Marin, and known as the “ Rancho Saucelito,” executed by William A. Richardson to Jeremiah Clarke, and of which the plaintiff was the assignee.
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Appeal from the District Court, Seventh Judicial District, Marin County. This was a suit to foreclose a mortgage upon certain real estate situated in the County of Marin, and known as the “ Rancho Saucelito,” executed by William A. Richardson to Jeremiah Clarke, and of which the plaintiff was the assignee. The following is the affidavit upon which the order of publication of summons was made: “ Charles S. Hathaway, of the City and County óf San Francisco, being duly sworn, deposes and says that he is the attorney in fact of the plaintiff in the above entitled action, and that as such attorney…
1Opinion of the Court
By the Court, Sanderson, C. J.
The only question involved in the case which we deem it material to notice is one of jurisdiction. Service of summons upon Compton, the only defendant who appeals, was sought by publication, as provided in sections thirty and thirty-one of the Practice Act. Those sections are in derogation of the common law, and must be strictly pursued in order to give the Court jurisdiction over the person of the defendant. A failure to comply with the rule there prescribed' in any particular is fatal where it is not cured by an appearance.
Sections thirty and thirty-one treat…
2Cited by61 opinions
- Forbes v. HydeCalifornia Supreme Court · 1866
- McMinn v. WhelanCalifornia Supreme Court · 1865
- Lake v. BenderNevada Supreme Court · 1884
- Mundo v. FústerSupreme Court of Puerto Rico · 1963
- Whalen v. SmithCalifornia Supreme Court · 1912
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