Weil v. Bent

California Supreme Court June 28, 1882

Weil v. Bent, 60 Cal. 603 (Cal. 1882)

Opinion of the Court

The Court:

This is an appeal by defendant Palomares from a default judgment. The affidavit of service of summons does not show that affiant was over the age of eighteen years at the time of the service. On authority of Maynard v. McCrellish, 57 Cal. 855, and Howard v Galloway, supra, p. 10.

Judgment is reversed and cause remanded.

Reference

Full Case Name: ALEXANDER WEIL v. H. K. W. BENT
Cited By: 2 cases
Status: Published
Syllabus: Affidavit of Service of Summons—Judgment by Default.—An affidavit of service of summons which fails to state that the affiant was over the age of eighteen years at the time of the service, is insufficient to support a judgment by default.