Brown v. Lawson

Citations

• 51 Cal. 615

Syllabus

<p>Service of Summons on Minor.—Under the Practice Act of 1851, in an action against an infant, if he was over fourteen years of age the summons was served by delivering to him personally a copy of the same, and a certified copy of the complaint.</p> <p>Idem.—If a father sues his infant son residing with him, and the statute requires the summons to be served personally on the infant and .also on the father, a service on the infant alone is sufficient, for the father has notice of the suit without service.</p> <p>Idem.—If a judgment against an infant is offered in evidence, and the record shows service on the infant, but does not show with whom he was residing, it will be presumed for the purpose of sustaining the jurisdiction that he was residing with his father.</p> <p>Return of Service of Summons.—In a collateral attack on a judgment, the return of a sheriff that he served a copy of the summons, will be held equivalent to a return that he served a copy certified by the clerk.</p>