McMillan v. Reynolds

Citations

• 11 Cal. 372

Syllabus

<p>The aEdavit of service of summons must show aErmatively, compliance with all the requirements of the law.</p> <p>An aEdavit which avers that aEant on the day named “served the summons in this action upon the defendant, Mary B. McMillan, at her residence in the city of San Francisco, by delivering and leaving with her a copy thereof, attached to a copy of the amended complaint filed in this action,” is insufficient.</p> <p>Where judgment of foreclosure was obtained on such service, and the premises sold under the judgment to a party who was at the time of such purchase cognizant of the fact of such defective service, and also that the defendant was a married woman, and where the defendant has a valid defense to such action, the judgment will be set aside.</p>