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Desmond v. Superior Court

Supreme Court of California
Jul 1, 1881
59 Cal. 274 (Cal. 1881)

Summary

finding that "by pleading to the merits of the case, [defendants] waived any objection they might have had to the alleged defect in the process and its service"

Summary of this case from Meyer v. Brown

Opinion

         Department Two

         Application for a writ of review.

         COUNSEL

          No briefs on file.


         OPINION

         The Court:

         This is an application for a writ of review. An action was commenced in a Justice's Court against the petitioners herein, and a summons issued, which they claimed to have been defective. They moved in that Court to set aside the service and vacate the summons, which motion was denied. They then answered, the case was tried, and judgment rendered against them. They appealed to the Superior Court on questions of law and fact, where the motion to vacate and set aside was again made and again denied. A trial was then had in the Superior Court and judgment went against the defendants.

         It is claimed that we can review these proceedings, upon the ground that the Superior Court exceeded its jurisdiction in denying defendants' motion. If it was an error (which we do not admit), it was not an error in excess of its jurisdiction; it had jurisdiction to determine whether or not the motion should be granted. It is sufficient in this case to say that the defendants, by pleading to the merits of the case, waived any objection they might have had to the alleged defect in the process and its service.

         Writ denied and proceedings herein dismissed.


Summaries of

Desmond v. Superior Court

Supreme Court of California
Jul 1, 1881
59 Cal. 274 (Cal. 1881)

finding that "by pleading to the merits of the case, [defendants] waived any objection they might have had to the alleged defect in the process and its service"

Summary of this case from Meyer v. Brown
Case details for

Desmond v. Superior Court

Case Details

Full title:DESMOND v. SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO

Court:Supreme Court of California

Date published: Jul 1, 1881

Citations

59 Cal. 274 (Cal. 1881)

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