Elder

Application for writ of mandate. The petitioner commenced an action in the superior court for the county of San Joaquin May 27, 1899, against the Southern Pacific Company, alleging in Ms complaint that the defendant was at the date of the complaint, and at all the times therein mentioned, "a corporation incorporated, organized, and doing business in this state.” A summons was issued upon the com plaint on the same day, and on the 9th of June was returned to the clerk’s office with an affidavit of M. Haynes indorsed thereon that he “personally served the within summons on the twenty-ninth day of May, A. D. 1899, on C. J. Jones, the managing and business agent at Stockton, California, of the defendant therein named, by personally delivering to said C. J. Jones personally in said county of San J oaquin a copy of said summons attached to a copy of the complaint in the action therein mentioned; that said defendant is a foreign corporation doing business in the state of California.” The respondent herein is the county clerk of San Joaquin county, and the clerk of said superior court, and on June 9th, after the return of the summons, the plaintiff demanded of him that he enter the…