Golden Gate Consolidated Hydraulic Mining Co. v. Superior Court

Citations

• 65 Cal. 187
• 3 P. 628
• 1884 Cal. LEXIS 487

Syllabus

<p>' Weit of Beview—Ex Paete Oedee foe Injunction. —As an appeal lies from an order granting an injunction, such an order made without due notice of the application therefor, cannot he annulled in a proceeding for a writ of review.</p> <p>Id.—Suspension of Business of Ooepobation. —Where the general and ordinary business of a corporation is “buying and selling mining claims or in working them,” an injunction which restrains the mining operations of the corporation in a particular manner, alleged to he to the injury of others, does not suspend the general and ordinary business of the corporation within the meaning of section 531 of the Code of Civil Procedure.</p> <p>Id. —Seevice of Injunction. —An affidavit of service of an injunction which states that the same was personally served upon the superintendent and managing agent of the corporation, is prima facie evidence of a valid service, although affiant further stated that he was “informed and believes” that the person served was such superintendent and managing agent.</p> <p>Id.—Beview of Evidence of Seevioe—Jjjbisdiction. —Without deciding that the court will review the evidence as to the service of an injunction when the jurisdiction of the court to.which the writ issues depends upon such evidence, held, that where the evidence is conflicting, and there is evidence tending to prove the fact on which the jurisdiction depends, the determination of the lower court will not he questioned.</p> <p>Id.—Hotioe. —When the officers and agents of a corporation have actual notice of an injunction against the corporation, they are hound by it, although it was not served.</p> <p>Id. —Service—Sheriff. —An injunction may be served by any person authorized to serve a summons. Subdivision 8 of section 4176 of the Political Code, which provides that “ the sheriff must serve all process and notices in the manner prescribed .by law,” does not give to or impose upon the sheriff exclusively the duty of serving all process and notices,