Postal Telegraph-Cable Co. v. Superior Court

A re-examination of the questions involved in this application has confirmed our belief in the legal integrity of the views announced on the former hearing.

In stating our understanding of the ease we shall follow the order and adopt a large portion of the opinion filed when the application herein was first determined.

In response to an alternative writ of certiorari issued out of this court, respondents filed a demurrer to the petition and also a complete return of the proceedings sought to be reviewed. An action was brought in said superior court on the twenty-eighth day of August, 1911, entitled: “Catherine Alt-peter and J. C. Altpeter, Plaintiffs, v. Postal Telegraph-Cable Company, a corporation, Defendant.” In the complaint therein filed it was alleged: “That said defendant is and at all the times herein mentioned was, a corporation organized and acting under, and by virtue of the laws of the state of New York.” Proper service was made upon the New York corporation and no question was raised as to the regularity of the proceedings until the time of the trial. It then developed, from the testimony of the first witness sworn, that there was a corporation of the same name…