Blue Goose Mining Co. v. Northern Light Mining Co.

(after stating the facts as above).

The vital point in the case is as to the jurisdiction of the state court of California to render the judgment which the Blue Goose Company complains of. The judgment roll in the state court recited that: W. S. Andrews, Esq., and A. H. Brandt, Esq., appeared as counsel for the plaintiff, and Messrs. Fink and White appeared on behalf of the defendant, and continued: “It appearing to the court that the defendant had been regularly served with a copy of the summons and complaint in said cause in the city and county of S'an Francisco, state of California, and that the defendant had duly appeared, by filing a demurrer and answer in said action, and had not objected to the jurisdiction of said court, the court proceeded to hear the said cause. * * * That the defendant is, and at all time involved herein was, a corporation organized and existing by virtue of the laws of the district of Alaska.”

Unquestionably the record of the judgment of the superior court of California that defendant appeared by counsel was prima facie evidence that the appearance of counsel was authorized. 23 Cyc. 1581; Kline v. Insurance Co., 80 Wash. 609 , 142 P. 7 . Defendant,…