J. L. Mott Iron Works v. West Coast Plumbing Supply Co.

Citations

• 113 Cal. 341
• 45 P. 683
• 1896 Cal. LEXIS 791

Syllabus

<p>Summons — Service on President of Corporation — Judgment by Default—Motion to Vacate—Question of Fact—Support of Finding—Discretion.—Upon a motion to vacate a judgment by default against a corporation, upon the ground that there was no service of the summons upon the corporation, and that the one to whom the summons was delivered was not the president or other officer of the corporation, the question whether he was such is a question of fact for the court below, and a finding that he was president of the corporation at the time of the service will be sustained when the evidence upon the issue is substantially conflicting and not so one-sided as to show an abuse of discretion in making the finding.</p> <p>Id.—Defense to Action Immaterial.—When the motion to vacate the judgment by default is not based upon mistake, inadvertence, surprise, or excusable neglect, which might be relieved under section 473 of the Code of Civil Procedure, but is made on the ground that the court has no jurisdiction to render any judgment by reason of failure to serve the summons, the question whether the facts stated in the application to vacate the judgment constitute a defense to the action, is immaterial, and cannot be considered.</p>