Steinbach v. Leese

Citations

• 27 Cal. 295

Syllabus

<p>Service of Susimons by Publication.—Where service of summons is had hy publication, proof of the publication can only be made by the affidavit of the printer, his foreman, or principal clerk; and the affidavit should state that the person taking the same holds one of these positions. An affidavit commencing in this way: “A. B., principal clerk, etc., * * being sworn, deposes/' etc., is insufficient, and would not give the Court jurisdiction of the person of the defendant. What constitutes an Appearance in an Action.—A defendant cannot appear in an action so as to give the Court jurisdiction of his person, except hy answering, demurring, or giving plaintiff written notice that he appears ,• and the service of the notice of appearance must antedate or be contemporaneous with the service of all other notices and papers.</p> <p>Plaintiff presumed to know Defects in Proceedings, — If the plaintiff in an action of foreclosure purchases the property at Sheriff's sale, he is presumed to buy with full knowledge of all defects in the proceedings relating to service of summons.</p> <p>Writ of Assistance.—If the Court, in an action to foreclose a mortgage, does not acquire jurisdiction of the person owning the land at the time of the foreclosure, a writ of assistance against the owner or his grantees will be refused.</p>