Cohn v. Kember
California Supreme Court
Appeal from the District Court of the Sixth District, Sacramento County. The action, which was to recover upon a promissory note, was commenced January 27th, 1873, and on the same day the plaintiff filed an affidavit, in which he stated that the defendant resided in Paradise Yalley, in the State of Nevada. On the 12th of February following, he moved the appointment of an attorney to represent the defendant.
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Appeal from the District Court of the Sixth District, Sacramento County. The action, which was to recover upon a promissory note, was commenced January 27th, 1873, and on the same day the plaintiff filed an affidavit, in which he stated that the defendant resided in Paradise Yalley, in the State of Nevada. On the 12th of February following, he moved the appointment of an attorney to represent the defendant. The motion was granted; an attorney was appointed, the case was tried the same day, and judgment was rendered for the plaintiff. The defendant appealed.
1Opinion of the Court
By the Court:
The order appointing an attorney to appear for Kember was based only upon an affidavit sworn some fifteen days before the application for the order was made.
In Forbes v. Hyde, 31 Cal. 351, we said that the affidavit to obtain an order of publication of the summons against an absent defendant “should be prepared with reference to the condition of things as they exist at the time when the order of publication is applied for.” In that case it was held that the order was not well supported by an affidavit made some four months before it was applied for.
We think that a delay of…
2Cases cited1 opinion
- Forbes v. HydeCalifornia Supreme Court · 1866
3Cited by8 opinions
- State ex rel. Hopman v. Superior CourtWashington Supreme Court · 1915
- Roberts v. Enderlin Investment Co.North Dakota Supreme Court · 1911
- United States v. MilanaDistrict Court, E.D. Michigan · 1957
- Roosevelt v. Land & River Co.Wisconsin Supreme Court · 1901
- Union Guardian Trust Co. v. GrevninMichigan Supreme Court · 1933
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