Parsons v. Davis
California Supreme Court
Appeal from the Fourth Judicial District. This was an action founded on a judgment in the Court of First Instance. The complaint was filed the 8th January, 1852, and set forth that on the 13th April, 1850, Charles Swanson, now deceased, but then living, by the judgment and consideration of the Court of First Instance, duly given, &e., recovered against the defendant the sum of $5815, which judgment is still in full force and unsatisfied, and the plaintiff avers that he is…
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Appeal from the Fourth Judicial District. This was an action founded on a judgment in the Court of First Instance. The complaint was filed the 8th January, 1852, and set forth that on the 13th April, 1850, Charles Swanson, now deceased, but then living, by the judgment and consideration of the Court of First Instance, duly given, &e., recovered against the defendant the sum of $5815, which judgment is still in full force and unsatisfied, and the plaintiff avers that he is the special administrator of the estate of said Swanson, and entitled to recover said judgment, and prays judgment for the…
1Opinion of the CourtHeydenfeldt, Justice
Murray, Chief Justice, concurred.
This was an action upon a judgment of the Court of First Instance, the records of which belong to the District Court. The judgment which was the basis of this suit, was rendered without *425any personal service on the defendant, and indeed without any service which by the laws then in force could be deemed an equivalent for personal service., There is, therefore, no dispute that the judgment of the Court of First Instance is invalid, and insufficient to sustain the present judgment, provided that the record of the first-mentioned judgment is properly brought…
2Cited by2 opinions
- Grossblatt v. WrightCalifornia Court of Appeal · 1951
- Schloss v. WhiteCalifornia Supreme Court · 1860