Hibernia Savings & Loan Society v. Clarke

Citations

• 110 Cal. 27
• 42 P. 425
• 1895 Cal. LEXIS 1012

Syllabus

<p>Summons—Service by Person Other than Sheriff—Constitutional Law.—Section 410 of the Code of Civil Procedure, which authorizes service of summons by a person other than the sheriff, is not in conflict with the general law in regard to the service of process and notices by the sheriff, and is not in violation of section 25 of article IV of the constitution.</p> <p>Id.—;Duty of Sheriff.—The code provision defining the duties of a sheriff does not give to or impose upon him exclusively the duty of serving all process and notices, but merely requires of him to serve all notices and process directed to him or placed in his hands for service.</p> <p>Id.—Repeal of Code—County Government Act—Re-enactment.—Section 410 of the Code of Civil Procedure was not repealed by the County Government Act, but was amended and re-enacted in 1893.</p> <p>Id.—Filing of Affidavit of Service.—Where a summons is returned to the office of the clerk with an affidavit of its service attached or annexed •thereto, the filing of the summons is sufficient, <5.nd it is not necessary that there be a separate filing of the affidavit.</p> <p>Id.—Default—Waiver of Findings.—Defendants who make default and fail to appear at the trial waive findings.</p> <p>Id.—Sufficiency of Findings — Recitals in Decree.—Recitals in the decree may constitute sufficient findings where findings are required.</p> <p>Foreclosure of Mortgage—Cross-complaint—Service upon Defaulting Defendants.—In an action to foreclose a mortgage, where the mortgagor and his wife, who is alleged to have or claim some interest in the mortgaged property, made default, cross-complaints by subsequent lienholders must be served upon the defaulting defendants, and, without such service, the court has no power or authority to grant to the cross-complainants any affirmative relief.</p> <p>Id.—Obligations of Husband—Erroneous Judgment against Wife.— Where the note and mortgage which were the basis of the action were executed only by a husband, and a