Irving v. Carpentier

Citations

• 70 Cal. 23
• 11 P. 391
• 1886 Cal. LEXIS 715

Syllabus

<p>Practice—Defendant Sued by Fictitious Name—Setting aside Summons —Dismissal. —In an action to quiet title to land, when the complaint alleges that the plaintiff is ignorant of the name of a defendant, who is sued and served with summons under a fictitious name, as provided by section 474 of the Code of Civil Procedure, the defendant so sued is not entitled to have the service of summons set aside and the action dismissed upon showing that the plaintiff could have ascertained his real name if he had exercised reasonable diligence in examining the public records of the county.</p>