Dimick v. Campbell

Citations

• 31 Cal. 238

Syllabus

<p>Judgment Roll.—An affidavit upon which to hase a motion to strike out an answer, and notice of such motion and affidavit of its service, constitute no part of the judgment roll.</p> <p>¡Error not Presumed.—Error will not he presumed, and if the record does not show that the Court erred in striking out an answer, the judgment will not he reversed on this ground.</p> <p>Service op Summons.—An affidavit of service of a summons which states the facts constituting affiant a competent witness is sufficient, without stating that he is competent.</p> <p>Judgment for Damages by Default.—A judgment in ejectment awarding damages, rendered on a default, will not be reversed because it does not appear that the Court examined witnesses upon the question of damages.</p>