Blanc v. Paymaster Mining Co.

Citations

• 95 Cal. 524
• 30 P. 765
• 1892 Cal. LEXIS 860

Syllabus

<p>Parties—Fraudulent Grantor Proper but not Necessary Party.— While a fraudulent grantor is a proper party defendant in an action to subject to a lien of a judgment the property alleged to have been fraudulently conveyed, he is not a necessary party.</p> <p>Assumpsit against Foreign Corporation — Attachment — Judgment in Rem — J urisdiction. — In an action of assumpsit against a foreign corporation, which has no managing agent or other officer in.this state upon whom service of summons can be made, the only valid judgment which can be rendered is one in the nature of a judgment in rem against such property as was seized under a writ of attachment therein. The fact that a judgment in such action is general in its terms for the recovery of money only, and makes no reference to the fact that any property has been attached therein, does not render it void, if in fact such attachment was made; but if no property was attached in the action, the court is without jurisdiction to render any judgment which can be enforced against the property of the defendant.</p> <p>Id.—Return upon Attachment — Inconolusiveness — Subsequent Action against Successor of Corporation. — The return upon the writ of attachment is not conclusive of the validity of the attachment in a subsequent action against the successor of the corporation defendant.</p> <p>Id. — Service of Summons—Managing Agent — Clerk of Foreign Cor- , foration — Cashier—Construction of Code.—A person employed by a foreign mining corporation as a clerk in a store belonging to it is not the managing agent or cashier of the corporation upon whom summons may be served, within the meaning of section 542 of the Code of Civil Procedure, although he has the custody of money belonging to the corporation, and it is a part of his duty to keep the accounts of the men employed in a mine belonging to the corporation from data furnished him by the superintendent, and to pay them. The word “cashier” in such section refers to an executive of