Crane

delivered the opinion of the court. Heydenfeldt, Justice, concurred.

Suit was brought in the County Court of San Francisco County, to enforce a mechanic’s lien. The summons was served by the sheriff, upon Clarke, Taylor, and Bickle, who undertook, as attorneys for Brannan, to accept service. The attorneys sign the acceptance of service, but attach no date; the sheriff’s *195 return, however, shows service to have been made on the 13th December, 1851. No answer was filed, and a default was taken on the 24th December, and a judgment entered for the plaintiff. From the judgment of the County Court, defendant appealed to the District Court, where judgment was affirmed; the case is now brought to this court for review.

The memorandum of “District Court,” at the top of the summons, was no part of the writ. It was issued out of the County Court, and tested by the Hon. A. Campbell, Judge of the County Court.

The place where the writ was served is not stated, but the Court should,have assumed, as it was directed to the Sheriff of San Francisco, and as it was returned by him served, that it was served within his jurisdiction.

The form of this summons is at least substantially good, and…