Stanquist

This is a petition for a writ of mandate to compel respondent, as judge of the superior court, to proceed with the trial of the case of Sianquist v. Stanquist. The action is one of divorce, and personal service of the summons was had. The judge refuses to proceed further with the trial, upon the ground that the summons is defective in material parts, and by reason of such defects no jurisdiction over the person of the defendant has been obtained.

It is first insisted that the summons is void because it does not state the nature of the cause of action alleged against defendant. A sufficient answer to this contention is found in the fact that the statute which provides what matters shall be stated in the summons fails to make such a requirement. While it might be a convenience to a defendant to be able to ascertain from the face of the summons the nature of the action brought against him, yet, being a convenience merely, the legislature has the right to deprive him of it. None of his constitutional rights are denied him by reason of a failure upon the part of the state *270 legislature to require the summons to include a general statement as to the nature of the cause of…