Field v. Field

San Fran. Dist Ct

Field v. Field

2 Cal. Dist. Ct. 173

DecidedFebruary 15, 1858

StatusPublished

This text of 2 Cal. Dist. Ct. 173 (Field v. Field) is published on Counsel Stack Legal Research, covering San Fransisco District Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Field v. Field, 2 Cal. Dist. Ct. 173 (sfdistct 1858).

Pincite

Opinion

Hager, J.

— By the sheriff’s return it appears he personally served the defendant with a copy of the summons. It does not appear that a copy of the complaint has been served, as is required by our code, and the defendant has not appeared in the action.

Until the summons and complaint are served as required by statute, or the defendant appears, {code, § 35,) the court acquires no jurisdiction, and all proceedings in the action are void.

Plaintiff may have leave to complete the service of the summons and complaint.

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Hager, J.

— By the sheriff’s return it appears he personally served the defendant with a copy of the summons. It does not appear that a copy of the complaint has been served, as is required by our code, and the defendant has not appeared in the action.

Until the summons and complaint are served as required by statute, or the defendant appears, {code, § 35,) the court acquires no jurisdiction, and all proceedings in the action are void.

Plaintiff may have leave to complete the service of the summons and complaint.

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Bluebook (online)

2 Cal. Dist. Ct. 173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/field-v-field-sfdistct-1858.