Weis v. Cain
California Supreme Court
APPEAL from Superior Court, San Diego County; J. W. Ballard, Judge. Action by H. P. Weis against Ben P. Cain and others. From an order' setting aside a judgment in favor of plaintiff, he appeals.
1Opinion of the Court
GRAY, C.
Action to quiet title. Plaintiff had judgment, and nearly five years later the defendant and respondent, Mrs. Goss moved to set aside the judgment on the ground that there was no proper service of summons. The service was by publication, and the particular points made on the motion were .that the affidavit for publication was insufficient, and that the summons had once been placed in the hands of the sheriff, and by him returned to the clerk of the court, and no other summons was issued. The motion was granted, and the plaintiff appeals from the order.
The points urged on this appeal…
2Cases cited2 opinions
- Rue v. QuinnCalifornia Supreme Court · 1902
- Town of Santa Monica v. GuidingerCalifornia Supreme Court · 1902
3Cited by5 opinions
- Emery v. KippCalifornia Supreme Court · 1908
- People v. WrinCalifornia Supreme Court · 1904
- Cargile v. SilsbeeCalifornia Supreme Court · 1905
- Shepard v. MacECalifornia Supreme Court · 1905
- Roberts v. JacobCalifornia Supreme Court · 1908