Cohn v. Kember

Citations

• 47 Cal. 144

Syllabus

<p>Obdeb Appointing Attobney fob Absent Defendant.—An order appointing an attorney to appear for an absent defendant, cannot be based on an affidavit showing that the defendant resides out of the State, made fifteen days before the order is applied for. The affidavit should show the facts as they exist when the application is made for the order.</p> <p>Pboceedings against Absent Defendant.—In proceeding against an absent defendant upon mere constructive service, the conditions of the statute must be strictly pursued, or the judgment cannot be supported upon appeal.</p> <p>ApponrousNT or Attobney by the Gottet.—Whether a judgment rendered upon mere appointment by the Court of an attorney for the defendant, and without service, actual or constructive, can be upheld under any circumstances, not decided.</p>