60 Cal. 603
Decided June 28, 1882
California Supreme Court · decided 1882-06-28
Appeal by defendant F. Palomares from a judgment for the plaintiff in the Superior Court of Los Angeles County. Howard, J. The affidavit of service of summons is in the following form: M. J. Wicks, being duly sworn, deposes and says: I am over the age of eighteen years and not a party .to nor interested in this action, etc., etc. There was an amended complaint in the case with an affidavit of service on defendant Palomares.
Cited by 2 later decisions — most recently April 1891
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1882-06-28
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¶1This is an appeal by defendant Palomares from a default judgment. The affidavit of service of summons does not show that affiant was over the age of eighteen years at the time of the service. On authority of Maynard v. McCrellish, 57 Cal. 855, and Howard v Galloway, supra, p. 10.
¶2Judgment is reversed and cause remanded.