21 Cal. 425
Decided July 1, 1863
California Supreme Court · decided 1863-07-01
Ejectment by Emile Hestres, administrator of Comstock against Thomas Brannan, Charles L. Clements, Andrew Harris, and-Hopkins, to recover a tract of land and mesne profits. The complaint was filed and a summons issued April 7th, 1862, and on the same day the Sheriff delivered to Clements & Harris each a copy of the summons, but without a copy of the complaint.
Good law ✅— No negative treatment on recordhow we know
Decided 1863-07-01
Cited by 11 later decisions — most recently May 1980
1 district · 10 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1Norton, J. concurring.
¶2The judgment in this case must be reversed for irregularity in the proceedings. When the judgment was entered there was a demurrer on file which had not been disposed of. Two of the defendants demurred separately, and the record shows that but one of the demurrers was acted upon. The other was filed after a default had been taken, but the attorneys for the plaintiffs accepted service of it, thereby waiving the default.
¶3Judgment reversed, and cause remanded.