Logan v. Hillegass
California Supreme Court
Appeal from the Seventh District. The complaint, in substance, avers that defendant obtained judgment against plaintiff by default, without personal or other service of the summons and complaint; that no seal of Court is affixed to the summons, and that the Sheriff’s return on the summons is: “ I have executed the writ, by leaving with the within named defendant, Henry C. Logan, a copy of summons, with a certified copy of complaint.”
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Appeal from the Seventh District. The complaint, in substance, avers that defendant obtained judgment against plaintiff by default, without personal or other service of the summons and complaint; that no seal of Court is affixed to the summons, and that the Sheriff’s return on the summons is: “ I have executed the writ, by leaving with the within named defendant, Henry C. Logan, a copy of summons, with a certified copy of complaint.” Upon these averments, the complaint assumes the judgment to be void, and asks that it be annulled, and that, in the meantime, defendants be enjoined from…
1Opinion of the CourtField, C. J.
Cope, J. concurring.
The plaintiff seeks to enjoin the enforcement of a judgment rendered against him by default in June, 1855, and bases his claim to the relief upon the absence of the seal of the District Court to the summons issued in the action in which the judgment was entered, the alleged defective certificate of the Sheriff of the service of the summons and copy of the complaint, and irregularities of the Clerk in entering the judgment. If, for any of these reasons, the judgment be absolutely void, as contended by counsel, the appellant has a perfect remedy, by application to the…
2Cited by4 opinions
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