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3 Cal. 192

Crane v. Brannan

California Supreme Court

Decided July 15, 1853

California Supreme Court · decided 1853-07-15

Jason Brannan was summoned to answer the complaint of William M. Crane, to enforce a mechanic’s lien upon the Arcade House, for carpenter’s work done to the amount of $124 75, and costs, filed in this court, within ten days after the service of this writ, concluding, “ and if you fail, &c., judgment of default will be taken against you for the sum in the said complaint named. Witness the hand, A. Campbell, Judge of the County Court, this 13th December, 1851.

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Decided 1853-07-15

How this case has been cited

Cited by 7 later decisions — most recently May 1961

5 state decisions

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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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Wells, Justice,

¶1delivered the opinion of the court. Heydenfeldt, Justice, concurred.

¶2Suit was brought in the County Court of San Francisco County, to enforce a mechanic’s lien. The summons was served by the sheriff, upon Clarke, Taylor, and Bickle, who undertook, as attorneys for Brannan, to accept service. The attorneys sign the acceptance of service, but attach no date; the sheriff’s *195return, however, shows service to have been made on the 13th December, 1851. No answer was filed, and a default was taken on the 24th December, and a judgment entered for the plaintiff. From the judgment of the County Court, defendant appealed to the District Court, where judgment was affirmed; the case is now brought to this court for review.

¶3The memorandum of “District Court,” at the top of the summons, was no part of the writ. It was issued out of the County Court, and tested by the Hon. A. Campbell, Judge of the County Court.

¶4The place where the writ was served is not stated, but the Court should,have assumed, as it was directed to the Sheriff of San Francisco, and as it was returned by him served, that it was served within his jurisdiction.

¶5The form of this summons is at least substantially good, and sufficiently indicates the time when the defendant was required to answer.

¶6It appears that default was entered, and that thereupon the court rendered judgment for $124 75. Whether or not the court received and heard any testimony, does not appear. But it is a settled rule that every presumption is in favor of the conclusion, that a public officer, and particularly a judicial officer, has acted regularly. Nothing appearing to the contrary, we presume the Judge of the County Court informed himself as to the matter of complaint, in a proper and regular manner.

¶7The judgment finds the amount of the claim, and we do not think its validity impaired by not finding the amount of costs, which, at the time of the rendition of judgment, are not generally taxed.

¶8Judgment affirmed.

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