gno.law

People v. Applegarth

California Supreme Court · · 1883-10-22 · Published · 64 Cal. 229 · 30 P. 805 · 1883 Cal. LEXIS 608

THE PEOPLE v. WILLIAM APPLEGARTH

Area
criminal

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

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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