Ligare v. California Southern Railroad

Citations

• 76 Cal. 610
• 18 P. 777

Syllabus

<p>Summons — Signature of Clerk. —The affixing of the seal of the court is a sufficient adoption by the clerk of a printed signature.</p> <p>Id.—Affidavit for Publication — Showing that a Cause of Action Exists — Reference to Document on File. —The fact that a cause of action exists may he shown either by affidavit or by the verified complaint on file'. If the complaint be not verified, the affidavit may refer to and adopt its statements. In such a case, the oath to the affidavit is an oath to the contents of the document referred to and adopted.</p> <p>Id. — Showing of Diligence — Collateral Attack. — The affidavit should not merely follow the language of the statute, but should set forth the evidence from which diligence can be inferred. And if the evidence be such that the judge might have been satisfied from it, although not conclusive, the showing will be held sufficient on a collateral attack. Instance.</p> <p>Id. — Showing whether the Defendant’s Place of Residence is Known. — The requirement that the affidavit shall state whether or not the defendant’s place of residence is known applies only in cases of nonresident or absent defendants.</p> <p>Id. — Order of Publication — On What It must be Based. —If the affidavit is sufficient, and the order recites that the judge is satisfied therefrom that a case for publication exists, it does not matter that there is also a recital that other evidence was read and considered. Instance.</p>