Opinion
Appeal from the District Court of the Fifth Judicial District, County of Tuolumne.
COUNSEL:
H. P. Barber, for Appellant.
L. Quint, for Respondent.
JUDGES: Field, J., delivered the opinion of the Court. Terry, C. J., and Baldwin, J., concurring.
OPINION
FIELD, Judge
The defendants are an incorporated company, and the judgment in the present case was taken by default. The return of the Sheriff shows that he served the summons " upon James Street, one of the proprietors of the company." This is not sufficient evidence of service to give the Court jurisdiction. It does not appear that Street was " president, or head of the corporation, or secretary, cashier, or managing agent thereof." The summons might, with as much propriety, have been served upon any other stranger. (Pr. Act, § 29; Aiken v. The Quartz Rock Mariposa Gold Mining Company , 6 Cal. 186.)
Judgment reversed.