Coleman v. Rankin
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. This was an action brought to determine an alleged adverse claim of title to real property -in the City and County of San Francisco.
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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. This was an action brought to determine an alleged adverse claim of title to real property -in the City and County of San Francisco. The material portions of defendant Rankin’s affidavit are as follows: Ira P. Rankin, being duly sworn, says: “That he is one of the defendants in this action; that the summons herein was served on this deponent while he was in attendance as a witness in the District Court of the Fourth Judicial District of this State. Upon receiving the same, this deponent placed the…
1Opinion of the Court
By the Court, Sprague, J.:
Personal service of summons was duly made in this cause on defendant Rankin in the City and County of San Francisco, where the suit was pending, on the 25th March, 1868, and judgment was entered against him and others, in open Court, by default, on the 8th day of April, 1868. On the 9th April, upon his own affidavit, he obtained an order citing plaintiff to appear and show cause why the default and judgment should not be vacated and set aside and he be allowed to answer. The grounds of the motion to set aside the judgment were applicant’s inadvertency, mistake, and…
2Cases cited1 opinion
- Bailey v. TaaffeCalifornia Supreme Court · 1866
3Cited by18 opinions
- Morton v. MortonCalifornia Supreme Court · 1897
- Jensen v. BarbourMontana Supreme Court · 1892
- Weinberger v. ManningCalifornia Court of Appeal · 1942
- Garner v. ErlangerCalifornia Supreme Court · 1890
- Williamson v. Cummings Rock Drill Co.California Supreme Court · 1892
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