Barney v. Vigoureaux
California Supreme Court
Appeal from an order of the Superior Court of the city and county of San Francisco refusing to set aside a judgment and to quash the execution issued thereon. The action was brought to recover judgment on a promissory note against the defendants, A.W. Vigoureaux and G. S. Banks, and judgment by default was rendered against A. W. Vigoureaux alone.
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Appeal from an order of the Superior Court of the city and county of San Francisco refusing to set aside a judgment and to quash the execution issued thereon. The action was brought to recover judgment on a promissory note against the defendants, A.W. Vigoureaux and G. S. Banks, and judgment by default was rendered against A. W. Vigoureaux alone. He never appeared in the action before judgment, and the only proof of service of the summons upon him consisted of the following affidavit, viz.:— “ State op California, ) City and County of San Francisco, j “ William Allen, being first duly sworn,…
1Opinion of the CourtMcKinstry, J.
—The summons was not served on the defendant A. W. Vigoureaux. (Maynard v. McCrellish, 57 Cal. 355; Howard v. Galloway, 60 Cal. 10; Weil v. Bent, 60 Cal. 603; Doerfler v. Schmidt, 64 Cal. 265; Lyons v. Cunningham, 66 Cal. 43.) Nor did A. W. Vigoureaux appear in the action before or after the. judgment. The superior court had no jurisdiction to enter the judgment against him.
W. A. Vigoureaux, calling himself “ one of the defendants ” in the action, gave notice of a motion to vacate the judgment, quash executions issued thereon, etc. The notice was accompanied by an affidavit made and…
2Cases cited4 opinions
- Maynard v. MacCrellishCalifornia Supreme Court · 1881
- Doerfler v. SchmidtCalifornia Supreme Court · 1883
- Howard v. GallowayCalifornia Supreme Court · 1882
- Weil v. BentCalifornia Supreme Court · 1882
3Cited by9 opinions
- Layton v. TrappMontana Supreme Court · 1898
- Buonomo v. Sucesión JuncosSupreme Court of Puerto Rico · 1920
- Andino v. KnightSupreme Court of Puerto Rico · 1914
- Hamilton v. HamiltonCalifornia Court of Appeal · 1912
- Rivera v. de ArceSupreme Court of Puerto Rico · 1939
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