Adams & Co. v. Town

Citations

• 3 Cal. 247

Syllabus

<p>A summons issued from a Justice of the Peace, at the suit of respondent against appellants, designated in no other way than by the name of “Adams & Co.,” which was returned served by “ leaving a copy thereof with Captain Charles B. Macy.” No one appeared for defendants on the return day, and the Justice gave judgment against the defendants for $369. There was nothing on the record to connect Macy with the defendants. Defendants appealed to the County Court of Yuba County, who affirmed the judgment. Held, that the judgment was bad.</p> <p>By the Constitution, this court has appellate jurisdiction in all cases where the matter in dispute exceeds $200 ; and this court and each of its justices are expressly authorized to issue all writs and process necessary to the exercise of its appellate jurisdiction; and by the 7th Section of the Judiciary Act, have authority to issue all wrts necessary and proper to the complete exercise of the powers conferred by the Constitution; and under these provisions, this court has power to issue a writ of error to the County Court, when no express provision by law exists, by wli.cli such case can be brought into this court, without process issuing from it.</p>