Fisk v. Mitchell

Citations

• 124 Cal. 359
• 57 P. 149
• 1899 Cal. LEXIS 999

Syllabus

<p>Action on Judgment by Default—Jurisdiction of Justice’s Court— Burden of Proof.—In an action on a judgment by default rendered in the justice’s court, the burden is upon the plaintiff to show affirmatively hy competent evidence that the justice’s court acquired jurisdiction to render the judgment sued upon.</p> <p>Id.—Proof of Service of Summons—Recital in Justice’s Docket.— Sectious 911 and 912 of the Code of Civil Procedure do not make a recital in the justice’s docket of the service of summons prima facie evidence of that fact. No provision is made for such recital; and it canmot establish jurisdiction of the person of the defendant, so as to sustain an action upon a judgment by default rendered in the justice’s court. t i</p>