Altpeter

Defendant moved to set aside and vacate the judgment rendered in favor of plaintiffs • on the ground that defendant was not served with summons and did not appear in the action. The motion was denied and defendant appeals from the order.

It appeared that when the action was commenced there existed two corporations bearing the same name, one organized under the laws of the state of New York and one organized under the laws of the state of California. They will be referred to hereafter as the New York corporation and the California corporation, respectively. In the title of the action the name of the corporation was given without stating where incorporated, but in the body of the complaint the defendant was described as “a corporation organized and acting under and by virtue of the laws of the state of New York.” This corporation had then on file, in the office of the secretary of state, a copy of its articles of incorporation and had also filed a statement designating the name and residence of the person or agent upon whom process could be served,—namely, J. K. Beede of Sacramento, who was served with summons as such designated agent. The articles of incorporation of the…