Edmondson v. Mason

Citations

• 16 Cal. 386

Syllabus

<p>Undue the Act of 1857, (Oh. 236) Regulating Fees of Office in Certain Counties, the Sheriff may charge fees for copies of the summons and injunction served by him in a suit, though the copies were prepared and printed by the plaintiff, and certified by the Clerk at the plaintiff’s request; but the Sheriff must look for his fees to plaintiff, at whose request the copies were served, and cannot sue the Clerk for money had and received—although plaintiff had paid the Clerk for such copies—unless the money was delivered to him to be paid the Sheriff.</p> <p>The Clerk is entitled to charge, under that act, fees for certified copies of summons and injunction, if the copies, though prepared by plaintiff, were certified by the Clerk at plaintiff’s request. There is no necessity for plaintiff to obtain copies of summons and injunction from the Clerk.</p> <p>Under the Practice Act, personal service of writs and process is made by delivering a copy to the party upon whom service is required. Independent of the statute, the mode would be by showing the original under seal of the Court, and delivering a copy.</p> <p>The statute points out no mode for service of an injunction; but in conformity with the provision relative to the summons, delivery of a copy is essential to personal service, where that is required; but whether it would by necessary to exhibit the original, unless specially requested by the party served, no opinion is here expressed.</p>