Comstock v. Clemens
California Supreme Court
Appeal from the Fifth District. Clemens sued Comstock in a Justice’s Court for the balance of an account. Summons issued and the following return made thereon by the party deputized to serve it: “I hereby certify that I left a copy of the within in hands of Mrs. E. H. Comstock.”
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Appeal from the Fifth District. Clemens sued Comstock in a Justice’s Court for the balance of an account. Summons issued and the following return made thereon by the party deputized to serve it: “I hereby certify that I left a copy of the within in hands of Mrs. E. H. Comstock.” Upon the return day, defendant not appearing, judgment was rendered for plaintiff and execution issued, under which the Constable was proceeding to sell certain personal property previously attached in the suit. At the time the suit was brought, and up to the levy of the execution, defendant Comstock was absent from…
1Opinion of the Court
On the motion to dismiss, Field, C. J. at the July term delivered the opinion of the Court
— Cope,J. concurring.
This is a motion to dismiss the appeal on the ground that the plaintiff has failed to give security for costs after being required under sections five hundred and twelve and five hundred and fourteen of the Practice Act, he being a nonresident. Notice requiring such security was served on the twelfth of December, and the appeal was perfected on the nineteenth of January. No order staying proceedings accompanied the notice, and on the day following its service judgment was rendered in…
2Cited by5 opinions
- Luco v. BrownCalifornia Supreme Court · 1887
- Carr v. Pennsylvania RailroadMissouri Court of Appeals · 1904
- Long v. ThompsonCalifornia Court of Appeal · 1944
- Brown v. Superior CourtCalifornia Court of Appeal · 1935
- Shuttleworth v. DunlopNew Jersey Court of Chancery · 1881