Bogmuda

Bogmuda v. Young

Good Law
1922 Cal. App. LEXIS 143·58 Cal. App. 19·207 P. 915
Court of Appeal of CaliforniaMay 27, 1922Civ. No. 2495.California1,168 words

Opinion

lead Opinion

Finch, J.

Petitioner asks this court to review the proceedings in the superior court of San Joaquin County in a cause wherein P. D. Hart was plaintiff and petitioner was defendant.

It is alleged that Hart brought an action against petitioner in Stockton township and in the complaint therein averred “that within two years last past said plaintiff rendered labor to said defendant, at the latter’s special instance and request, in the agreed value of $325; that upon said amount the sum of $100 has been paid, leaving due the sum of $225, no part of which has been paid”; that summons was duly issued and served upon petitioner; “that thereafter, in obedience to said summons and not voluntarily” the petitioner demurred to the complaint on the grounds “that the court has no jurisdiction either of the person of the defendant or the subject matter of the action,” and that the “complaint does not state facts sufficient to constitute a cause of action”; that the court overruled the demurrer and the defendant answered, alleging “that the court has no jurisdiction of the person of the defendant or of the subject matter of the action for the reason that the defendant is not, and never was, a resident of…

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