Roberts

Roberts v. Justice's Court

Good Law
1916 Cal. App. LEXIS 143·29 Cal. App. 768·157 P. 511
Court of Appeal of CaliforniaFebruary 25, 1916Civ. No. 1732.California2,050 words

Opinion

lead Opinion

Conrey, J.

Certiori. This is an appeal from an order of the superior court annulling an order of the justice’s court of Los Angeles township, in Los Angeles County, vacating and setting aside a default judgment theretofore entered in the justice’s court in an action entitled Roberts v. Francis. The complaint in that action was filed and summons duly issued on October 14, 1910. On February 21, 1914, a certificate, in due form to authorize service in another county, was attached to the summons by the cleric of the superior court of Los Angeles County. On March 18, 1914, the summons was filed in the justice’s court, with a return showing that the summons and copy of complaint were served on the defendant in the county of Imperial on the twenty-fifth day of February, 1914. The time limited for the appearance of a defendant in a justice’s court where he has been served outside the county in which the action is brought is twenty daj's. (Code Civ. Proe., sec. 845.) No appearance having been made in that action, judgment by default was entered on the twenty-first day of March, 1914. On July 18, 1914, pursuant to notice theretofore served on plaintiff’s attorney, the defendant presented a motion in…

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