Legal Opinion

Doll v. Smith

California Supreme Court

Decided July 1, 1867PublishedCited by 5 opinions

Appeal from the District Court, Second Judicial District, Tehama County. Plaintiff recovered judgment in the Court below, and the defendant appealed. The other facts are stated in the opinion of the Court.

1Opinion of the Court

By the Court, Sawyer, J.:

This case was submitted subject to a motion to dismiss the appeal upon exceptions to the record duly filed, upon the ground that the affidavit of service of notice of appeal does not show due service. The service was not personal, but *476there was an attempt to procure substituted service on the attorney under section five hundred and twenty of the Practice Act, which provides that service may be made as follows : “ If upon an attorney, it may be made during his absence from his office by leaving the notice or other papers with his clerk therein, or with a person having…

2Cited by5 opinions

  1. Dalzell v. Superior Court of San Benito CountyCalifornia Supreme Court · 1885
  2. Moore v. BesseCalifornia Supreme Court · 1868
  3. Warner v. TeachenorIdaho Supreme Court · 1884
  4. Peter v. KalezIdaho Supreme Court · 1905
  5. Mohr v. ByrneCalifornia Supreme Court · 1900

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