Germain Seed & Plant Co. v. Justice's Court

As disclosed by the record herein, one T. "A. Griffin instituted a suit in the justice’s court of number two township, Merced County, against the plaintiff herein, which is a corporation having its principal place of business in the city of Los Angeles, to recover on an account for goods and merchandise sold and delivered in the city of Merced, county of Merced, to plaintiff at its special instance .and request. The summons issued in said action so brought in the justice’s court was served upon defendant in the county of Los Angeles. Thereupon Germain Seed and Plant Company, defendant in said action, appeared specially in said justice’s court and moved to quash the service of the summons upon the ground that no facts were made to appear which, under the provisions of section 848 of the Code of Civil. Procedure, warranted the service of said summons in a county outside of that in which the action was brought. This motion was denied by the justice’s court. Thereupon petitioner brought this proceeding in the superior court of Los Angeles County for the purpose of securing the issuance of a writ of prohibition, commanding said justice’s court and Frank A. Farrar, as justice thereof,…