Helms

This is an appeal from the judgment of the superior court for the city and county of San Francisco, entered in the above-entitled action dismissing appellants’ writ of review issued therein, for the purpose of reviewing the proceedings of the justices’ court in *118 the city and county of San Francisco in a certain action then pending. It is claimed that the court failed to get jurisdiction of the person of the defendant in said action, by reason of a fatally defective summons.

That portion of the summons to which objection is made reads: “ Given under my hand this 31st day of May, 1893. By order of Charles A. Low, presiding justice of the peace for the city and county of San Francisco. E. W. Williams, clerk of the said court.”

1. It is contended that the summons should be signed by the justice of the peace, as provided by section 844 of the Code of Civil Procedure. We do not think that chapter V, article I, of title I, part I, of the Code of Civil Procedure is in any sense special legislation, and we have no doubt but that the sections of the code found in that article are in full force and effect. Section 91 thereof provides that all process of every kind in actions, suits, or…