California Pine Box & Lumber Co. v. Superior Court

This is an application for a writ of mandate to compel the superior court of the city and county of San Franciscp and Honorable E. P. Mogan, one of the judges thereof, to make an order, directing the clerk of said court in the department presided over by such judge to enter the default of the defendant in an action pending in said court, entitled “California Pine Box & Lumber Co., a corporation, Plaintiff, vs. Des Moines Casket Company, a corporation, Defendant.”

The facts of the case are substantially as follows: In October, 1909, the petitioner commenced an action in said court against said Des Moines Casket Company as defendant, to recover upon an alleged express contract for goods sold and ■delivered by the plaintiff therein to said defendant. The .defendant was a foreign -corporation, existing and doing business under the laws of the state of Iowa, and had no place of business in the state of California, and no agent upon whom summons could be served. A summons was duly issued and attempted to be served by personally delivering the same to one Antes, the president of said defendant, who was then temporarily in the state of California on business, but not engaged in any…