Hibernia Savings & Loan Society v. Matthai

Citations

• 116 Cal. 424
• 48 P. 370
• 1897 Cal. LEXIS 565

Syllabus

<p>Summons — Proof of Service—Loss of Originals—Substitution of Copies.—-Where the original summons, with the proof of service thereof, has been lost from the files of the superior court, an order of the court, upon proof of the loss, authorizing copies to be filed and used in place of the originals, is a determination by that tribunal that they were correct copies of the originals, and the papers thus substituted are entitled to the same weight as originals.</p> <p>Id.—Jurisdiction—Service of Summons—Formal Default—Record Proof of Service—Amendment of Record after Judgment—Appeal—-Support of Judgment.—The court acquires jurisdiction of the person of the defendant by the service of the summons, and upon the failure of the defendant to appear in the action within the time allowed therefor, it has jurisdiction to enter a judgment by default, and it is not necessary to such jurisdiction that any formal default should have been previously entered by the clerk, nor that the summons, with proof of service, should be then on file with the clerk, nor is the jurisdiction lost by neglecting to make the proof of such service a matter of record before the entry of judgment; and where the court, after the judgment, amends the record by supplying the proof of service, it is as effective to support the judgment upon appeal therefrom, as if it had been filed before its entry.</p>