Gulick v. Justice's Court

MARKS, J.

On April 8, 1927, one Thomas J. Casey-filed an action in the respondent court praying judgment against D. C. Gulick, defendant there and appellant here, in the sum of $150.

It appears that appellant incurred an indebtedness in the township of Indio, in Riverside County, to Casey, and on March 30, 1927, in the same township and county, gave him his check in the sum of $150, made payable to Thos. J. Casey, dated at Los Angeles, California, and drawn on the Pacific National Bank, Los Angeles, California. The check was sent through the usual channels for collection and when it reached the Pacific National Bank payment had been stopped by appellant. While the return on the summons is not in the record, it appears elsewhere that the summons was served on appellant in Los Angeles. Defendant appeared by demurrer in words and figures as follows: “In the Justice’s Court of Indio Township, County of Riverside, State of California. Thos J. Casey, plaintiff, vs. D. C. Gulick, defendant. No.-. Demurrer. Now comes the defendant and demurs to the complaint in this action and for cause of demurrer alleges: That the Court has no jurisdiction of the person of the defendant because the defendant is a non-resident of the County of Riverside, and resides in the City of Los Angeles, County of Los Angeles, and there is a special contract in writing, to wit the alleged check sued on herein, drawn on the Pacific National Bank of Los Angeles, and payable there, and was not payable or to be performed in said Township of Indio. Dated this 21st day of April 1927. Howell W. Richardson. Thomas E. Parke.” The demurrer came on regularly to be heard and was overruled, and appellant given ten days in which to file his answer.

Appellant filed his petition in the Superior Court of the County of Riverside, seeking a writ of prohibition against respondent, alleging his residence in Los Angeles and the service of summons upon him there. Attached to the petition were copies of the complaint, summons, without the re

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turn, and the demurrer. An alternative writ of prohibition was issued, and thereafter, after a hearing, the writ of prohibition was denied by the trial court. The respondent has made no appearance in this court and the action is submitted on the transcript on appeal and the- brief of appellant.