Merrill v. Aubin Gas Co.

San Fran. Dist Ct

Merrill v. Aubin Gas Co.

2 Cal. Dist. Ct. 256

San Fransisco District Court·Decided January 15, 1858·Published

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

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

Pincite

2 Cal. Dist. Ct. 256 (Merrill v. Aubin Gas Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.