Mauser

Mauser v. Union Pac. R.

Good Law
243 F. 274·1917 U.S. Dist. LEXIS 1124
United States District Court, Southern District of CaliforniaJune 25, 1917No. 532California1,207 words

Opinion

lead Opinion

Trippet, J.

This action was commenced in the superior court of the state of California, and removed here by the defendant. Prior to removing the case, defendant entered a special ap *275 pearance and moved to quash the service of summons upon the following grounds:

The return of service shows that the summons was served upon one W. J. Doran, alleged by the return to be the general agent of the defendant in the state of California. The proof shows that all the facts that existed in the ease of Denver, etc., R. Co. v. Roller, 100 Fed. 738 , 41 C. C. A. 22 , 49 L. R. A. 77, concerning the right to serve process on the defendant in this state, exist here, and, in addition to the facts in that case, the proof shows that the defendant employs a great many servants in this state. In Los Angeles alone it has 15 or 20, and defendant has four or five offices in the state. Doran, on whom the service was made, has charge of all these employés and superintends their work. He has supervision of the ticket office in Los Angeles; in that office defendant sells from 2,000 to 2,500 tickets a year. Receipts of defendant from business secured in California, largely through the efforts of its employés, amount to…

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