Curtis v. Herrick

Citations

• 14 Cal. 117

Syllabus

<p>An administrator, by our statute, being entitled to possession of the real estate of the deceased, may maintain ejectment.</p> <p>Where the complaint avers title as administrator, a default admits it.</p> <p>Where the return of a Sheriff states that he served defendants with a certified copy of the complaint, it will be presumed that the copy was certified by the Clerk, and not by some one else.</p> <p>Where a man is sued by a fictitious name, and the return of the Sheriff, on the , summons, shows service on defendant by his proper name, as “ John Doe, alias Westfall,” a default being entered, judgment may be rendered against the defendant in his true name, Westfall, without proof that Doe and Westfall are the same.</p> <p>Where, in ejectment against several defendants, the judgment for damages is several, instead of joint, the damages may be remitted, and the judgment for the land stand.</p>