Rosenberg

Rosenberg v. Bullard

Good Law
127 Cal. App. 315·1932 Cal. App. LEXIS 400·15 P.2d 870
Court of Appeal of CaliforniaNovember 3, 1932Docket No. 8645.California2,260 words

Opinion

Lead Opinion

Gray, J.

Two writs of attachment, one for a demand of $27,850 and the other for a demand of $110,690, were respectively directed to and levied by the sheriffs of Los Angeles and Tulare Counties. Thereafter, a personal judgment for $65,350 was rendered against respondent, a resident of the state of Iowa, upon her default, after constructive service of summons. Heretofore respondent, unsuccessfully, attempted, by certiorari, to have reviewed an order denying her motion to quash service of summons and, by prohibition, to prevent further proceedings. (Bullard v. Superior Court, 106 Cal. App. 513 [ 288 Pac. 629 ].) Subsequently, respondent moved to quash the writs and to vacate the judgment upon the grounds that the issuance of the writs was unauthorized by section 537 of the Code of Civil Procedure and that, without the levy of a valid writ, no jurisdiction was acquired to render a personal judgment against a nonresident. This appeal is taken from the order, granting both parts of the motion. Since, if the writs were issued without statutory authority, the jiidgment was properly vacated (Merchants’ Nat. Union v. Buisseret, 15 Cal. App. 444 [ 115 Pac. 58 ]), it is only necessary to decide…

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