John Powers v. Braly
Citations
- 75 Cal. 237
- 17 P. 197
- 1888 Cal. LEXIS 517
Syllabus
<p>Practice—Appearance—Motion to Strike out—Asking for Extension op Time — Special Appearance.—A defendant by specially appearing by an attorney for the purpose of moving to strike out an amended complaint, and by asking for an extension of time in which to move or plead until the determination of the motion, does not make an appearance, within the meaning of section 1014 of the Code of Civil Procedure, so as to waive the service of the summons and amended complaint.</p> <p>Id. — Service of Amended Complaint — Summons. — The service of an amended complaint upon a person who is brought in thereby for the first time as a defendant, without a service of the summons upon him, is void.</p> <p>Id. — Service on Attorney. — The service of an amended complaint upon the attorney for a defendant, prior to his appearance as such, is void as a service on the defendant.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- no evidence the defendant and the victim were engaged in a mutual fight with deadly weapons where the defendant struck the victim and took the victim’s gun from the victim’s waistband and shot the victim
Source: CourtListener parenthetical corpus (CC0).
Judges: Searls
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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