Maynard v. MacCrellish
Cases that cite this one
14 later published cases cite this decision.
- Thomas v. District Court of Third Judicial Dist. Ex Rel. Salt Lake County (Utah 1946)
- Rivera v. de Arce (Supreme Court of Puerto Rico 1939)
- Rivera v. de Arce (Supreme Court of Puerto Rico 1939)
- Columbia Trust Co. v. Steiner (Utah 1928)
- Buonomo v. Succession of Juncos (Supreme Court of Puerto Rico 1920)
- Buonomo v. Sucesión Juncos (Supreme Court of Puerto Rico 1920)
- Andino v. Knight (Supreme Court of Puerto Rico 1914)
- Sherwin v. Sherwin (Nev. 1910)
- Horton v. Gallardo (Cal. 1891)
- Barney v. Vigoureaux (Cal. 1888)
- Lyons v. Cunningham (Cal. 1884)
- Doerfler v. Schmidt (Cal. 1883)
- Howard v. Galloway (Cal. 1882)
- Weill v. Bent (Cal. 1882)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This is an appeal from a judgment entered upon default.
Proof of service of summons was made by affidavit. The affidavit was made April 16th, 1879, and in it the affiant states that “ he is over the age of eighteen years,” and that the service was made April 15th, 1879. According to § 410, Code of Civil Procedure, the service must be made by a person (if other than the sheriff) who, at the time of service, was over eighteen years of age. It does not appear from the affidavit that at the time of service, namely, April 15th, 1879, the person making the service was over eighteen years of age.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.