Doerfler v. Schmidt
JOSEPH DOERFLER v. ALBERT SCHMIDT
- Area
- civil
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 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.
Cites, in this corpus
- Maynard v. MacCrellish No. 6,854 · 1881-07-01
Cited by
- Scholle v. Finnell S. F. No. 6899. · 1916-09-20
- People v. Disperati Crim. No. 94. · 1909-10-05
- Horton v. Gallardo No. 13963 · 1891-04-03
- Perri v. Beaumont No. 13737 · 1891-02-19
- Barney v. Vigoureaux No. 9892 · 1888-03-28