Weill v. Bent

California Supreme Court
Weill v. Bent, 2 Cal. Unrep. 141 (Cal. 1882)

Weill v. Bent

Opinion of the Court

By the COURT.

This is an appeal by defendant Palomeres 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. 355, and Howard v. Galloway, 8 Pac. C. L. J. 1060, judgment is reversed and cause remanded.

Reference

Full Case Name
WEILL v. BENT
Status
Published
Syllabus
Default.β€”An Affidavit of Service of Summons by a person other than the sheriff should state that such person was over the age of eighteen years at the time of the service, else a judgment rendered thereon by default will be reversed on appeal.1