Matter of the Estate Op Bernard NewMan

Citations

• 75 Cal. 213
• 16 P. 887
• 1888 Cal. LEXIS 510

Syllabus

<p>Parent and Child — Adopted Child Inherits. —Under sections 227, 228, and 1386 of the Civil Code, an adopted child is entitled to succeed by inheritance to the estate of the adopting parent.</p> <p>Divorce—Proceeding in Rem—Service by Publication.—An action for divorce, so far as it affects the status of the parties and the custody of their minor children, is a proceeding in rent, and a service of summons by publication on a non-resident defendant is good.</p> <p>Id.—Proof of Service—Amendment after Judgment.—After judgment has been rendered in an action of divorce, and before the roll is made up, the court has authority to receive amended affidavits showing a service of summons by publication.</p> <p>Id.—Judgment by Default—CoNclusiveness of.—In an action for divorce, in which judgment by default is rendered against a non-resident defendant upon a service of summons by publication, the affidavits of service and recitals thereof in the judgment are conclnsive upon a collateral attack; the affidavit on the application for the order of publication, and the order of publication, are not part of the judgment roll, and cannot be considered.</p> <p>Id.—Judgment before Expiration of Time for Answering.—A judgment by default, rendered before the time allowed the defendant to answer has expired, is erroneous merely, and can be attacked only upon, motion or by appeal, and by the party aggrieved.</p> <p>Order for Adoption — When Made by Judge. —.An- order for the adoption of a minor, which appears to have been made in open court and is signed by the judge and filed in the adoption proceedings, will be construed as having been made by the judge, notwithstanding the order recites that it was made “by this court.”</p> <p>Superior Court—Judge Acting in Other County—Presumption of Regularity. — A judge of the superior court of a particular county, who holds court in another county, must he presumed, in the absence of evidence to the contrary, to be acting upon the request of the