California Supreme Court, 1883

People v. Applegarth

People v. Applegarth
California Supreme Court · Decided October 22, 1883
64 Cal. 229; 30 P. 805; 1883 Cal. LEXIS 608

People v. Applegarth

Opinion of the Court

Per Curiam.

The service of summons by publication in such a case as this should have been made in accordance with the provisions of the Code of Civil Procedure. The four Codes constitute but one statute (Pol. Code, § 4480), and we are of opinion that the provisions of the Political Code must be read in connection with the provisions of the Code of Civil Procedure on this subject. Under these latter provisions there must have been an affidavit for publication of summons and an order of the court or judge thereon

The judgment and order arc reversed and the cause remanded.

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