Gulick
Gulick v. Justice's Court
Opinion
Lead Opinion
Marks, J.
On April 8, 1927, one Thomas J. Casey-filed an action in the respondent court praying judgment against D. C. Gulick, defendant there and appellant here, in the sum of $150.
It appears that appellant incurred an indebtedness in the township of Indio, in Riverside County, to Casey, and on March 30, 1927, in the same township and county, gave him his check in the sum of $150, made payable to Thos. J. Casey, dated at Los Angeles, California, and drawn on the Pacific National Bank, Los Angeles, California. The check was sent through the usual channels for collection and when it reached the Pacific National Bank payment had been stopped by appellant. While the return on the summons is not in the record, it appears elsewhere that the summons was served on appellant in Los Angeles. Defendant appeared by demurrer in words and figures as follows: “In the Justice’s Court of Indio Township, County of Riverside, State of California. Thos J. Casey, plaintiff, vs. D. C. Gulick, defendant. No.-. Demurrer. Now comes the defendant and demurs to the complaint in this action and for cause of demurrer alleges: That the Court has no jurisdiction of the person of the defendant because the defendant is…