Dalzell v. Superior Court of San Benito County

Citations

• 67 Cal. 453
• 7 P. 910
• 1885 Cal. LEXIS 668

Syllabus

<p>Practice—Appeal from Justice’s Court—Notice—Proof of Service.—Where the record of a case on appeal from a Justice's Court id silent as to service of the notice of appeal, the fact of service may be proved by an affidavit filed pending a motion to dismiss the appeal on that ground.</p> <p>Id.—Attorney Absent from his Office.—An affidavit of service which states that a notice was served on the attorney for the respondent by leaving it on the desk of the attorney in the front room of his law office between the hours of 8 in the morning and 6 in the afternoon, and that there was no person in said front room at the time, is insufficient to show constructive service of the notice upon the attorney during his absence from his office.</p> <p>Ed.—Jurisdiction.—Service of notice of an appeal is a jurisdictional fact, and if such service has not been made within the statutory time and according to the requirements of the statute, the.appellate court derives no j urisdiction of the case.</p>