Nathan v. Sutphen (1885) · DecisionDepot

Nathan v. Sutphen

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Dec 28, 1885 No. No. 9034Published

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Holding. The court held that personal service of a notice of appeal was validly effected when the server left the document on the respondent's attorney's table after the attorney refused to accept it in person.

Issues

Whether service of a notice of appeal is sufficient when the respondent's attorney refuses to accept the document and it is left in his presence.

Disposition. Motion denied.

Quotations verified verbatim against the opinion

“Respondent’s attorney refused to take the notice, whereupon the person making the service, in the presence of the attorney and in his office, laid the copy on the table in front of which the attorney was standing, and there left it.”

“The service was sufficient.”

Synopsis

Appeal from a judgment of the Superior Court of Santa Cruz County, and from an order refusing a new trial.

The facts are stated in the opinion of the court.

The Court. — A motion is made to dismiss the appeal in this case, upon the ground that a copy of the notice of appeal was not served. It appears that after filing the notice of appeal, and on the same day, a copy of the notice was taken by a competent person to the office of the attorney for respondent, and there handed him in person. Respondent’s attorney refused to take the notice, whereupon the person making the service, in the presence of the attorney and in his office, laid the copy on the table in front of which the attorney was standing, and there left it. The service was sufficient.

Motion denied.

Nathan v. Sutphen

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