Crane v. Brannan

Citations

• 3 Cal. 192

Syllabus

<p>Where defendant’s attorneys accepted service of the summons, but attached no date, the date of the return of the sheriff was held sufficient.</p> <p>Where the summons was headed with the words, “ District Court,” but was issued out of the County Court, under the County Court seal, and tested by the Judge of said court, it was held good as the writ of the County Court.</p> <p>Where the place where the writ was served was not stated, but it was directed to the sheriff of San Francisco, and was returned by him served, the court should have assumed that it was served within his jurisdiction.</p> <p>Where judgment was entered upon a default for @124 75, and it did not appear that any testimony had been heard, the presumption that a judicial officer has acted regularly, was held to apply to the case, and nothing appearing to the contrary, this court will presume that the Judge had informed himself as to the matter of complaint, in a proper and regular manner, and such judgment will be affirmed.</p>