County of Yolo v. Knight

Citations

• 70 Cal. 431
• 11 P. 662

Syllabus

<p>Summons—Publication—Affidavit fob—Statement of Facts in — Jurisdiction — Judgment.—Under section 412 of the Code of Civil Procedure, an affidavit for the publication of summons against a nonresident defendant, in a case where the complaint is unverified, must state the facts showing the existence of a cause of action against the defendant, and that he is a necessary or proper party to the action; otherwise the court does not acquire jurisdiction of the defendant hy reason of the attempted service by publication, and a judgment by default founded thereon is void.</p> <p>Id. — Statement of Legal Conclusion Insufficient. —In such a case, an affidavit which merely states that the plaintiff has a good cause of action against the defendant, and that he is a necessary and proper party defendant, is insufficient.</p> <p>Id.—Action to Condemn Land—Public Highway—Proceedings before Supervisors.—In an action to condemn land for a public highway, an affidavit for the publication of summons, where the complaint is unverified, must show that the proceedings before the board of supervisors have been had as provided in sections 2698 to 2708 of the Political Code.</p> <p>Id.—Appeal from Judgment—Recitals in Findings—Defendant not Concluded by. — On an appeal from a judgment by default, rendered after an insufficient service of summons by publication, the defendant is not concluded by a recital in the findings that due proof had been made that the summons was legally served upon him, and his time for answering had expired.</p> <p>Id,—Proof of Service—Certificate of Notary Public.—The service of a summons and complaint by a notary public must be proved by his affidavit) his mere certificate is insufficient.</p>