People v. Wrin
California Supreme Court
APPEAL from an order of the Superior Court of Santa Barbara County refusing to set aside a default judgment. W. S. Day, Judge. W. B. Cope, Judge rendering judgment. The facts are stated in the opinion.
1Opinion of the Court
GRAY, C.
Appeal from an order refusing to set aside a default judgment foreclosing defendant’s interest in certain school lands situated in Santa Barbara County, which judgment was based on a service of summons by publication. The judgment was rendered in July, 1896, and the motion to vacate made in April, 1901.
1. The affidavit for publication of summons is attacked as insufficient in failing to show diligent search for defendant within the state. That part of the affidavit material to the point reads as follows: “That defendant, Michael J. Wrin, cannot, after due diligence, be found within…
2Cases cited5 opinions
- Forbes v. HydeCalifornia Supreme Court · 1866
- Rue v. QuinnCalifornia Supreme Court · 1902
- Melde v. ReynoldsCalifornia Supreme Court · 1898
- Ligare v. California Southern RailroadCalifornia Supreme Court · 1888
- Weis v. CainCalifornia Supreme Court · 1903
3Cited by14 opinions
- Emery v. KippCalifornia Supreme Court · 1908
- In Re Estate of PuseyCalifornia Supreme Court · 1918
- Foore v. Simon Piano Co.Idaho Supreme Court · 1910
- Holt v. SatherMontana Supreme Court · 1928
- People v. NorrisCalifornia Supreme Court · 1904
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