Cunningham v. Warnekey

Citations

• 61 Cal. 507
• 1882 Cal. LEXIS 653

Syllabus

<p>Service of Notice by Mail—Notice of Appeal—Affidavit of Service— Dismissal of Appeal.—The affidavit of service of the notice of appeal did not show where the affiant, or where the appellant, resided.</p> <p>Held: The affidavit is insufficient: 1. To justify service by mail, the person making the service and the person served must reside or have their offices in “ different places,” and the affidavit must show these facts; 2. If both the party making the service and the party served resided or had their offices in the same “ place ” the service should noj; have been made by mail.</p>