Field v. Field

Decided February 15, 1858

San Fransisco District Court · decided 1858-02-15

<p>SERVICE OF PROCESS — JURISDICTION.</p> <p>Service of summons merely, without serving a certified copy of the complaint, is not sufficient of itself, under our statute, to give the court jurisdiction in the action, and of the defendant.</p>

Decided 1858-02-15

Hager, J.

¶1— By the sheriff’s return it appears he personally served the defendant with a copy of the summons. It does not appear that a copy of the complaint has been served, as is required by our code, and the defendant has not appeared in the action.

¶2Until the summons and complaint are served as required by statute, or the defendant appears, {code, § 35,) the court acquires no jurisdiction, and all proceedings in the action are void.

¶3Plaintiff may have leave to complete the service of the summons and complaint.