People v. Huber
California Supreme Court
Appeal from the Fifteenth Judicial District. Action to recover of defendant $3,011.85. Complaint was filed on the twenty-second day of April, 1861; on the thirteenth day of May, 1861, plaintiff’s attorney applied, on affidavit to the Judge, for an order to publish the summons.
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Appeal from the Fifteenth Judicial District. Action to recover of defendant $3,011.85. Complaint was filed on the twenty-second day of April, 1861; on the thirteenth day of May, 1861, plaintiff’s attorney applied, on affidavit to the Judge, for an order to publish the summons. On the same day, the Judge made the order, as follows : “ Upon reading the foregoing affidavit and duly considering the same, it is ordered that summons in said cause do issue, and that the same be published, &c.,” in the usual form. No summons was issued in the action until the seventeenth of May. Of this summons…
1Opinion of the CourtNorton, J.
The statutory provisions for acquiring jurisdiction of the person of a defendant, by publication of the summons in the stead of a *82personal service, must be strictly pursued. (Jordan v. Giblin, 12 Cal. 100; Evertson v. Thomas, 5 How. Pr. R. 45; Kendall v. Washburn, 14 Id. 380.) Actions are commenced by the filing of a complaint and the issuing of a summons thereon. After the summons is issued, it is to be served. Ordinarily the service is to be personal; but in some cases, the service may be made by a publication of the summons, pursuant to an order of the Court or a Judge. (Civil Prac. Act,…
2Cases cited1 opinion
- Jordan v. GiblinCalifornia Supreme Court · 1859
3Cited by14 opinions
- Forbes v. HydeCalifornia Supreme Court · 1866
- McMinn v. WhelanCalifornia Supreme Court · 1865
- Heisen v. SmithCalifornia Supreme Court · 1902
- Curran v. Shattuck.California Supreme Court · 1864
- Coffin v. BellNevada Supreme Court · 1894
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