Merrill v. Aubin Gas Co.

San Fran. Dist Ct

Merrill v. Aubin Gas Co.

2 Cal. Dist. Ct. 256

DecidedJanuary 15, 1858

StatusPublished

This text of 2 Cal. Dist. Ct. 256 (Merrill v. Aubin Gas Co.) 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

Merrill v. Aubin Gas Co., 2 Cal. Dist. Ct. 256 (sfdistct 1858).

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Opinion

A summons is not “ issued,” within the meaning of the practice act, until it is taken from the clerk’s office, with the intent to be served.

The practice act provides that a certified copy of the complaint shall he served with the summons, and hence the placing a summons in the hands of an officer, before a copy of the complaint is issued by the clerk, is evidence that the summons was not issued with intent to be served until a copy of the complaint should be furnished.

On motion to discharge a writ of attachment, are given in the opinion. The material facts

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A summons is not “ issued,” within the meaning of the practice act, until it is taken from the clerk’s office, with the intent to be served.

The practice act provides that a certified copy of the complaint shall he served with the summons, and hence the placing a summons in the hands of an officer, before a copy of the complaint is issued by the clerk, is evidence that the summons was not issued with intent to be served until a copy of the complaint should be furnished.

On motion to discharge a writ of attachment, are given in the opinion. The material facts

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Bluebook (online)

2 Cal. Dist. Ct. 256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merrill-v-aubin-gas-co-sfdistct-1858.