Barney v. Vigoureaux

Citations

• 75 Cal. 376
• 17 P. 433
• 1888 Cal. LEXIS 553

Syllabus

<p>Judgment by Default—Proof of Service of Summons — Affidavit must Show Age of Person Serving. — The superior court does not acquire jurisdiction to enter a judgment by default against a defendant who has not appeared in the action, when the affidavit of service of summons fails to affirmatively show that the party making the service, if other than the sheriff, was over the age of eighteen years at the time of service.</p> <p>Id.—Judgment Boll — Affidavit of Service Part of.—Where a defendant has not appeared in the action, and a personal judgment by default is rendered against him, the affidavit or proof of service of summons is a necessary part of the judgment roll.</p>