Stanquist v. Hebbard

Citations

• 122 Cal. 268
• 54 P. 841
• 1898 Cal. LEXIS 569

Syllabus

<p>Summons—Contents—Power op Legislature.—The legislature has the power to prescribe the contents of a summons, and to omit therefrom what was previously required, and may omit any notice of the contents of the complaint, or of the relief sought therein, and may regulate such notice, without interfering with any constitutional requirement.</p> <p>Id.—Following Language of Code.—A summons which follows the literal requirements and language of the code must be held sufficient.</p> <p>Id.— Statement op Nature op Action.—Under section 407 of the Code of Civil Procedure, as now in force, the summons need not state the nature of the cause of action nor the amount for which plaintiff will take judgment; but the defendant must look to the complaint alone to ascertain the cause of action, and the particular relief sought.</p> <p>Id.—Alternative Notice op Belief—Divorce Suit.—A summons in an action for a divorce is not rendered void by a notice in the alternative form literally prescribed by section 407 of the Code of Civil Procedure, “that unless the defendant so appears and . answers, the plaintiff will take judgment for any money or damages demanded in the complaint, as arising upon contract, or will apply to the court for any other relief demanded in the complaint.’’</p> <p>Id.—Altebnative Notice not Essential—Substantial Compliance with Statute.—A summons based on a complaint on contract for money or damages only, or a summons based upon a complaint asking for equitable relief only, would not be void if not worded in the alternative; but, in either case, a notice following the statute so far as to correspond only to the nature of the relief sought in the complaint would substantially comply with the statute.</p>