McCauley v. Fulton

Citations

• 44 Cal. 355

Syllabus

<p>Conveyance oe Land to Partners.—When a deed is executed to four persons, naming them, and then describing them as composing the firm of “ Graff, Fulton & Co.,” and the four persons compose a partnership, and the property conveyed is paid for with partnership funds, and used for partnership purposes, the deed is not void as to either of the grantees, under the Statute of Frauds, but conveys .the legal title to an undivided one fourth of the property to each of the four grantees, incumbered only by an equitable lien in favor of the other partners.</p> <p>Jurisdiction op Superior Court op San Francisco.—The Superior Court of the City of San Francisco could acquire jurisdiction of the person of a defendant by publication of a summons.</p> <p>Mode op Acquiring Jurisdiction of the Person.—The form and mode of service of process by which parties defendant are brought into a Court, whether of an inferior or superior jurisdiction, are matters of legislative discretion.</p> <p>Word “District,” in Twenty-fifth Section op Practice Act.—The “ District ” mentioned in the second subdivision of the twenty-fifth section of the Practice Act, which speaks of the service of summons in the district in which the action is brought, is the district or territory over which the Court exercises jurisdiction.</p> <p>Idem.—The second subdivision of the twenty-fifth section of the Practice Act, requiring the defendant to appear within twenty days after the service of a summons, had no application to the Superior Court of the City of San Francisco, because its jurisdiction was confined to the County of San Francisco.</p> <p>Summons out op Superior Court op San Francisco.—A summons issued out of the Superior Court of the City of San Francisco, was not defective if it omitted to notify the defendant to appear within twenty days, if served out of the county, but in the district in which the action was brought.</p> <p>Kecitals in a Judgment as to Service op Process.—Upon a collateral attack, the r