Howard v. Galloway

Citations

• 60 Cal. 10
• 1882 Cal. LEXIS 393

Syllabus

<p>Judgment by Default—Affidavit of Service of Summons.—An affidavit of service of summons by a person other than the Sheriff, which fails to state that he was over eighteen years of age at the time of service, is insufficient to prove service or to sustain a judgment by default.</p> <p>Id.—Appeal—Practice.—The defendant has a right to appeal from a judgment by default without moving to set aside the default or otherwise proceeding in the Court below.</p> <p>Id.—Id.—Id.—Cases Overruled.—Guy v. Ide, 6 Cal. 99, and the cases following it were virtually overruled in Halleck v. Jaudin, 34 Id. 172.</p>