California Supreme Court, 1883

Doerfler v. Schmidt

California Supreme Court · Decided October 29, 1883

64 Cal. 265; 12 P.C.L.J. 299; 30 P. 816; 1883 Cal. LEXIS 621

Cases that cite this one

10 later published cases cite this decision.

Windle, Adm'x v. Flinn (Or. 1952)
Layton v. Trapp (Mont. 1898)
Rivera v. de Arce (Supreme Court of Puerto Rico 1939)
Rivera v. de Arce (Supreme Court of Puerto Rico 1939)
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)
Blackman v. Schierman (Tex. App. 1899)
Horton v. Gallardo (Cal. 1891)
Barney v. Vigoureaux (Cal. 1888)

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

Per Curiam.

The proof of service of the summons was insufficient. Maynard v. McCrellish, 57 Cal. 355, was decided' upon a similar state of attempted proof. The statement in the affidavit used on the motion to set aside the default cannot be deemed a waiver of the service. We cannot look beyond the judgment roll for the purpose of ascertaining the validity of the judgment.

It is argued that the complaint does not state facts sufficient *266to constitute a cause of action, in that it does not aver a delivery of the deed. We think the point is well taken.

Judgment and order reversed and cause remanded for further proceedings.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.