Hill v. Morgan

Citations

• 9 Idaho 718
• 76 P. 323
• 1904 Ida. LEXIS 91

Syllabus

<p>Mandamus — Judicial Officer — Preliminary Questions — Service of-Summons on Corporations — Alias Summons — What it Must Contain.</p> <p>1. The rule that mandamus will not issue to control discretion or revise judicial action has no application to the determination of preliminary questions, relating to the sufficiency of the service of summons.</p> <p>2. When the tribunal or officer whose duty it is to take jurisdiction of a matter believing, erroneously, that it has no jurisdiction, declines to consider the matter, mandamus will issue to compel action.</p> <p>3. Service of summons on a corporation is sufficient when it is shown to have been served upon some one who had theretofore been served with process, and the corporation accepted such service by its appearance;, and this is especially true where it is not shown that the corporation, through its attorney or someone authorized to act for it, did not inform the party in interest how better service could be made.</p> <p>4. An alias summons that substantially complies with the original is not defective as to form under the provisions of section 4141, Revised Statutes of Idaho.</p> <p>5. A summons that states the names of the parties to the action, the court in which it is brought, the county in which the complaint is filed, a statement of the nature of the action in general terms, a direction that the defendant appear and answer, and if for damages, a notice that unless defendant so appears and answers, the plaintiff will apply to the court for the relief demanded in the complaint, is not defective under the provisions of section 4140; Revised Statutes, even though it does state the amount demanded.</p> <p>(Syllabus by the court.)</p>