Charles v. Fischer Baking Co.

Pee Ctjbiam.

Appellant, a resident of the State of New York, undertook to bring suit against Everett L. Jones, respondent and the only defendant concerned with this appeal, a resident of the State of California, by service of summons and complaint upon the commissioner of motor vehicles under section 1, chapter 69, Pamph. L. 1930, as amended by section 1, chapter 69, Pamph. L. 1933. Circuit Court Judge Oliphant, sitting as a Supreme Court commissioner, granted respondent’s motion to vacate the service. The authority of the Supreme Court commissioner to entertain the motion is not made an…