Lyons v. Cunningham

Citations

• 66 Cal. 42
• 4 P. 938
• 1884 Cal. LEXIS 679

Syllabus

<p>Practice—Default—Proof of Service of Summons.—No judgment by default in a.civil action can be rendered without proof of the service of summons.</p> <p>fx>.—Affidavit of Service.—Service of summons by a person other than the sheriff must be proved by an affidavit showing that at the time of service the person making it was over the age of eighteen years.</p> <p>Id.—Sufficiency of Affidavit of Age.—A statement in an affidavit of service, that the person making the affidavit was “ a white male citizen of the United States,” is not equivalent to a statement that he was over the age of eighteen years.</p> <p>Id.—A person may be a citizen of the United States, although not of an age to qualify him to be an elector.</p>