McCoy v. Van Ness

Citations

• 98 Cal. 675
• 33 P. 761
• 1893 Cal. LEXIS 977

Syllabus

<p>Action upon Judgment —Proof of Service of Summons. —In an action upon a judgment, where the judgment-roll introduced in evidence showed that both the default entered by the clerk and the judgment recited that the defendant therein was “ regularly served with process,” and that the affidavit of service of summons stated that the summons was personally served upon the defendant, and where the defendant himself admitted that he had been served with a paper which purported to be a copy of the summons, and a paper which purported to be a copy of the complaint, and that he could not deny that he was served on the day stated in the affidavit of service, the service of summons upon the defendant is sufficiently shown.</p>