Town

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

This action was commenced in a Justice’s Court, of Yuba County. In the summons and proceedings, the defendants are in no other way designated than by the name of “Adams & Co.” Wheher this is a sufficient designation of the defendants under our itatute, it is unnecessary to decide. The constable who servid the summons returned the same with his certificate, that he lad served it, “ by leaving a copy thereof with Captain Chales B. Macy, the 17th day of January, 1853.” On the return day of the summons, no one appearing for the defendants, the fustice proceeded to take evidence as to “ the damages” sustainid by the plaintiff, and gave judgment against the defendants *248 for $369, including the costs. On appeal to the County Court of Yuba County, the judgment was affirmed. The case comes to this court from the County Court on a writ of error.

In examining the record, we can find nothing to connect Charles B. Macy with Adams & Co., who are named as defendants. He is not mentioned in any of the proceedings of the action, as being a partner, or as having any connection with them. Nor does the certificate of the office…