Pellier v. Gillespie

California Supreme Court

Pellier v. Gillespie

4 P. 1137, 2 Cal. Unrep. 407

CourtCalifornia Supreme Court

DecidedNovember 22, 1884

DocketNo. 7790

StatusPublished

This text of 4 P. 1137 (Pellier v. Gillespie) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pellier v. Gillespie, 4 P. 1137, 2 Cal. Unrep. 407 (Cal. 1884).

Pincite

Opinion

By the COURT.

The objection that the affidavit of service of summons is fatally defective because it does not state that the appellant, on whom the summons alone was served, and the defendant, on whom a copy of the complaint was served with the summons, were residents of the same county, is overruled, on the authority of Calderwood v. Brooks, 28 Cal. 153. The allegation that appellant covenanted and agreed to pay the mortgage debt and discharge the mortgage lien is sufficient to sustain the judgment. There is a sufficient description of the premises. Judgment affirmed.

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By the COURT.

The objection that the affidavit of service of summons is fatally defective because it does not state that the appellant, on whom the summons alone was served, and the defendant, on whom a copy of the complaint was served with the summons, were residents of the same county, is overruled, on the authority of Calderwood v. Brooks, 28 Cal. 153. The allegation that appellant covenanted and agreed to pay the mortgage debt and discharge the mortgage lien is sufficient to sustain the judgment. There is a sufficient description of the premises. Judgment affirmed.

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Bluebook (online)

4 P. 1137, 2 Cal. Unrep. 407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pellier-v-gillespie-cal-1884.

Opinion

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