Legal Opinion

Colquhoun v. Pack

California Court of Appeal

Decided November 16, 1916No. Civ. No. 1772PublishedCited by 6 opinions

APPEAL from a judgment of the Superior Court of the City and County of San Francisco, and from an order denying a new trial. Daniel C. Deasy, Judge. The facts are stated in the opinión of the court.

1Opinion of the CourtLennon, P. J.

This is an action for the value of goods, wares, and merchandise alleged to have been sold and deliv ered by plaintiff’s assignors to the defendants Thomas W. Pack, T. O. Toland, and Henry B. Lee at their special instance and request.

The original summons was not served upon the defendant Lee. On February 4, 1913, a default judgment was entered against the defendant Pack. With this judgment as a basis, plaintiff, pursuant to the provisions of section 989 of the Code of Civil Procedure, procured the issuance of a summons directed to the defendant Lee, commanding him to show cause why he should…

2Cases cited2 opinions

  1. Spencer v. LawlerCalifornia Supreme Court · 1889
  2. Dashaway Assn. v. RogersCalifornia Supreme Court · 1839

3Cited by6 opinions

  1. Marr v. Postal Union Life Insurance Co.California Court of Appeal · 1940
  2. Rigney v. De La Salle InstituteCalifornia Court of Appeal · 1935
  3. Meller & Snyder v. R & T PROPERTIES, INC.California Court of Appeal · 1998
  4. Hollywood Holding & Development Corp. v. OswaldCalifornia Court of Appeal · 1931
  5. RAWSON VS. DIST. CT. (CAIN)Nevada Supreme Court · 2017

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