Wilson v. Spring Hill Quartz-Mining Co.
California Supreme Court Jul 1, 1858Published
Before: Baldwin
Synopsis
The return of a sheriff on a summons, that he had served it on one Pendleton, one of the partners and associates of the company, is prima facie evidence that Pendleton was such partner and associate.*
Baldwin, J., delivered the opinion of the Court Terry, C. J., concurring.
These cases only differ from the case of Rowe v. The Table Mountain Water Company in this, that here the complaint is against a trading company, and the service of the summons is returned executed upon the company, by service upon one Pendleton, one of the partners and associates. The principle applicable to the two classes of cases is not materially different.
Judgment affirmed.
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