Matthai
Hibernia Savings & Loan Society v. Matthai
Opinion
Lead Opinion
Harrison, J.
The appeal herein is from a judgment of foreclosure entered upon the default of the appellant. It is recited in the judgment that the defendants in the action were severally, personally, and duly served with the summons, together with a copy of the complaint, that the default of the appellant for not answering was duly entered, and that the cause came on regularly for trial by the court upon the complaint taken as confessed by her. The judgment-roll which is set out in the transcript as originally filed herein, did not contain a copy of the summons -with proof of service upon the appellant, and it was contended by her in the briefs filed on her behalf that by reason of the failure of the record to show that the court had acquired jurisdiction over her the judgment must be reversed. At the time the appeal herein was taken the original summons with the proof of service thereof upon the appellant had been lost from the files of the superior courtj hut afterward that court, upon proof of the loss, authorized copies to be filed and used in place of the originals. Since the briefs herein were filed the respondent, upon *426 a suggestion of the diminution of the record, has filed herein…