Sherwin v. Sherwin
Nevada Supreme Court
Appeal from the District Court of the Seventh Judicial District of the State of Nevada, Esmeralda County; Peter J. Somers, Judge. Action by Billy E. Sherwin against Minerva Sherwin. From an order denying defendant’s motion to open a default and set aside a judgment of divorce, defendant appeals. The facts sufficiently appear in the opinion.
1ConcurrenceTalbot, J.
I concur in the order because the judgment and default in the district court are based upon an affidavit which states that the person who made the service of the summons upon the defendant was over 18 years of age. This is the age required by the California statute. Section 28 of the practice act (Comp. Laws, 3123) requires the service to be made by the sheriff or his deputy, or by a citizen of the United States over 21 years of age, and allows the service when made in this state to be shown by affidavit or certificate of the sheriff or deputy, or by affidavit of the person making the…
2Cases cited5 opinions
- Market National Bank v. Pacific National BankNew York Court of Appeals · 1882
- McBlain v. McBlainCalifornia Supreme Court · 1888
- Maynard v. MacCrellishCalifornia Supreme Court · 1881
- Horton v. GallardoCalifornia Supreme Court · 1891
- Pratt v. StoneNevada Supreme Court · 1900