McDonald v. Agnew

Citations

• 122 Cal. 448
• 55 P. 125
• 1898 Cal. LEXIS 608

Syllabus

<p>Practice—Appearance by Demurrer—Justice’s Court—Prohibition— Summons—Appeal.—A defendant by demurring to a complaint in a justice’s court, submits himself to the jurisdiction of the court, under sections 416 and 1014 of the Code of Civil Procedure, notwithstanding a recital in the demurrer to the contrary, and that his appearance is only for the purpose of demurring; and upon the overruling of such demurrer, and the entry of his default for failure to answer, cannot maintain prohibition against the further proceedings of the justice’s court, on the ground of irregularities in the service and return of the summons. Conceding that such irregularities were not waived by the demurrer, the right of the defendant to have his objections thereto reviewed on appeal, where his previous motion to quash the service has been denied, is a plain, speedy, and adequate remedy.</p>