Dore v. Dougherty
California Supreme Court
Appeal from, a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The judgment of the Justice’s Court under which the appellant claims was rendered by default after the personal service of an alias summons.
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Appeal from, a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The judgment of the Justice’s Court under which the appellant claims was rendered by default after the personal service of an alias summons. The objections to the alias summons were, that it was issued without any return of the original, that it did not sufficiently state the nature of the cause of action* and that it failed to notify the defendant to appear and answer at the office of the justice of the peace. The further facts are stated in the opinion of the court.
1Opinion of the CourtTemple, J.
August 3,1880, George Dougherty, one of the defendants, recovered judgment against the present plaintiff for $2,186, and costs. On the same day Dougherty assigned the judgment to his son, John Dougherty. September 3d, Dore appealed to the Supreme Court from the judgment. The judgment was affirmed here February 16, 1883. (Dougherty v. Dore, 63 Cal. 170.) September 4, 1880, while the appeal was pending, defendant Miller caused a levy to be made on the judgment by virtue of an execution from the Justice's Court of San Francisco, upon a judgment against George Dougherty in favor of Miller. The…
2Cases cited4 opinions
- McBride v. FallonCalifornia Supreme Court · 1884
- Keybers v. McComberCalifornia Supreme Court · 1885
- Davis v. MitchellCalifornia Supreme Court · 1867
- Dougherty v. DoreCalifornia Supreme Court · 1883
3Cited by10 opinions
- Everts v. Will S. Fawcett Co.California Court of Appeal · 1937
- Hoxie v. BryantCalifornia Supreme Court · 1900
- Henry v. TraynorSupreme Court of Minnesota · 1889
- Sunset Realty Co. v. DadmunCalifornia Court of Appeal · 1939
- Lannan v. GarrettCalifornia Court of Appeal · 1937
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