Fagg v. Clements
California Supreme Court
Appeal from the Ninth District. Ejectment for a lot of ground with the improvements thereon. Plaintiff, on the fifteenth of October, 1858, sued defendant and others, composing the firm of Searls & Co., in the Justice’s Court of Weaver-ville township, Trinity county.
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Appeal from the Ninth District. Ejectment for a lot of ground with the improvements thereon. Plaintiff, on the fifteenth of October, 1858, sued defendant and others, composing the firm of Searls & Co., in the Justice’s Court of Weaver-ville township, Trinity county. Defendant alone was served—the certificate of service being as follows: “ Received, Oct. 15th, 1858, at four o’clock, P. M. I hereby certify, that I have served the within summons by delivering a true copy thereof to Clements, (Searls not found) at Weavcrville, this fifteenth day of October, A. D. 1858. “ (Signed) J. M. Cass,…
1Opinion of the CourtCope, J.
Field, C. J. and Baldwin, J. concurring.
This is an action of ejectment, and the questions in the case arise upon objections to the validity of a Justice’s judgment. It is claimed that the judgment is void for want of jurisdiction of the person of the defendant, it appearing that he was not a resident of the township in which the suit was instituted, but resided in a different township of the same county. The summons was served in the township in which the suit was commenced, and a certificate to that effect was indorsed upon the summons by the oificer who made the service, and filed with the…
2Cited by4 opinions
- Schuler-Knox Co. v. SmithCalifornia Court of Appeal · 1943
- Fulkerson v. DavenportSupreme Court of Missouri · 1879
- Gregory v. BovierCalifornia Supreme Court · 1888
- Miller v. SmithMichigan Supreme Court · 1897