Legal Opinion
Alexander v. McDow
California Supreme Court
Decided July 8, 1895No. 18405PublishedCited by 31 opinions
Appeal from a judgment of the Superior Court of Lassen County and from an order to recall and quash execution and to vacate the judgment. W. T. Hasten, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtHenshaw, J.
There are two appeals. The first is from an order refusing to recall and quash the execution and to vacate the judgment; the second from the judgment rendered against defendant after his default.
The grounds of the motion are that the judgment is void upon its face in showing no service of summons and complaint upon defendant, and that it is void for that the complaint states no cause of action.
1. Upon the summons the sheriff made the following return:
“I hereby certify that I received the within summons on the 14th day of-, a. d. 189-, and personally served the same on the 16th day of October,…
2Cases cited4 opinions
- Amestoy v. Elec. Rapid Transit Co.California Supreme Court · 1892
- Hentsch v. PorterCalifornia Supreme Court · 1858
- Prescott v. GradyCalifornia Supreme Court · 1891
- Garner v. MarshallCalifornia Supreme Court · 1858
3Cited by31 opinions
- Slaughter v. Goldberg, Bowen & Co.California Court of Appeal · 1915
- Landwehr v. GilletteCalifornia Supreme Court · 1917
- Gallagher v. California Pacific Title & Trust Co.California Court of Appeal · 1936
- Haskins v. JordanCalifornia Supreme Court · 1898
- Parker v. DekleSupreme Court of Florida · 1903
26 more not listed; retrieve them via the Exa API.