Stanquist v. Hebbard
California Supreme Court
MANDAMUS from the Supreme Court to the Superior Court of the City and County of San Francisco. J. C. B. Hebbard, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtGaroutte, J.
This is a petition for a writ of mandate to compel respondent, as judge of the superior court, to proceed with the trial of the case of Sianquist v. Stanquist. The action is one of divorce, and personal service of the summons was had. The judge refuses to proceed further with the trial, upon the ground that the summons is defective in material parts, and by reason of such defects no jurisdiction over the person of the defendant has been obtained.
It is first insisted that the summons is void because it does not state the nature of the cause of action alleged against defendant. A sufficient…
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