J. L. Mott Iron Works v. West Coast Plumbing Supply Co.

Each of the parties is a corporation. The action is for the recovery of the possession of certain personal property, or its value; and judgment by default was rendered for plaintiff. Afterward defendant made a motion for an order vacating and setting aside the judgment, and the default upon which it was entered, upon the ground that the court had never acquired jurisdiction of said defendant. The court denied the motion, and from the order denying it the defendant appeals.

The motion appealed from was not made upon the ground that the judgment was taken against appellant through its excusable neglect, etc., from which it might be relieved under section 473 of the Code of Civil Procedure, but it was based upon the alleged fact that there had never been any service of summons upon appellant, and that therefore there was no j urisdiction in the court to render the judgment.

The action was commenced on October 30, 1893, and proof was regularly made that service of the summons was duly made on the appellant at San Francisco, California, on December 20, 1893, by delivering a copy thereof, together with a copy of the .complaint, to *343 Fletcher. F. Ryer, who was then and there…