Weil v. Bent
California Supreme Court Jun 28, 1882 No. No. 8,294Published
Synopsis
Affidavit of Service of Summons—Judgment by Default.—An affidavit of service of summons which fails to state that the affiant was over the age of eighteen years at the time of the service, is insufficient to support a judgment by default.
The Court: This is an appeal by defendant Palomares from a default judgment. The affidavit of service of summons does not show that affiant was over the age of eighteen years at the time of the service. On authority of Maynard v. McCrellish, 57 Cal. 855, and Howard v Galloway, supra, p. 10.
Judgment is reversed and cause remanded.
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