Swain v. Chase
California Supreme Court
Appeal from the Seventh District, County of Contra Costa. This was a bill filed in the Court below to enjoin the collection of a judgment obtained in a Justice’s Court. The judgment was obtained by Allen against Chase, upon an order of the Justice publishing the summons in the action. The order was obtained upon the affidavit of Allen ; the substance of which is set out in the opinion of the Court.
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Appeal from the Seventh District, County of Contra Costa. This was a bill filed in the Court below to enjoin the collection of a judgment obtained in a Justice’s Court. The judgment was obtained by Allen against Chase, upon an order of the Justice publishing the summons in the action. The order was obtained upon the affidavit of Allen ; the substance of which is set out in the opinion of the Court. Defendant Chase had judgment in the Court below, and Allen, one of the defendants to the bill, appealed to this Court.
1Opinion of the Court
Terry, C, J.,
delivered the opinion of the Court—Baldwin, J., concurring.
The proceedings taken in the Justice’s Court, in the suit of Allen v. Chase, were not sufficient to give the Court jurisdiction of defendant.
An attempt seems to have been made to procure service by publication ; but it does not appear that the provisions of the statute were complied with. The affidavit on which the order of publication was issued, states, that defendant Chase could not, after due diligence, be found in the County of Contra Costa; that he had inquired of one Fogg, who was an intimate friend of Chase, as to…
2Cases cited2 opinions
- Whitwell v. BarbierCalifornia Supreme Court · 1857
- Van Etten & Steele v. JilsonCalifornia Supreme Court · 1856
3Cited by8 opinions
- Ex parte KearnyCalifornia Supreme Court · 1880
- Mallett v. Uncle Sam Gold & Silver Mining Co.Nevada Supreme Court · 1865
- Rowley v. HowardCalifornia Supreme Court · 1863
- Harlan v. Gladding, McBean & Co.California Court of Appeal · 1907
- Daman v. HuntCalifornia Court of Appeal · 1920
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