Heinlen v. Heilbron

Citations

• 94 Cal. 636
• 30 P. 8
• 1892 Cal. LEXIS 738

Syllabus

<p>Appeal — Service of Notice — Delivery through Agents—Personal Servios. — The “delivery” which constitutes a personal service under section 1011 of the Code of Civil Procedure, providing for the service of notices, need not be made by the party attempting to make the service, but can be effected through a clerk or messenger, or through any agency by which a “ delivery ” can be made; and when the notice is so delivered, it becomes a personal service.</p> <p>Id. — Delivery of Notice through Mail. —The fact that the person upon whom the service is to be made resides or has his office in a different place from that of the person making the service does not require that the service be made by mail, or preclude a personal service, and the person seeking to make the service can avail himself of any agency, such as an express company, or the instrumentality of the post-office department, with as much effect as if he had employed any other messenger. The delivery of the notice through such agency renders the service personal, and proof of such delivery establishes a personal service.</p> <p>Id. — Substituted Service by Mail — Showing Required. — Substituted service of notice by mail can be made only in the cases and manner designated by statute, and it is incumbent upon one serving a notice in such a way to have it clearly appear upon the record that the case is one in which such service is permitted, and that the mode pointed out by the - statute for making such service has been strictly followed.</p> <p>Id.—Proof of Service — Jurisdiction —Dismissal of Appeal.—The jurisdiction of the supreme court of an action appealed thereto does not depend upon the proof of service of the notice of appeal, but upon the fact that service has been made; and a motion to dismiss an appeal upon the ground that the record does not show a sufficient service will be denied if the appellant can show by other proof that the notice was properly served, even though the transcript be defective in