Southern Pacific Railroad v. Superior Court

McKinstry, J.:

Jurisdiction of the person of a sole defendant, in a Justice’s Court, is obtained by service of the summons and copy of the complaint. (Code Civ. Proc., §§ 405, 416, 849.) Section 410 provides, that a copy of the complaint must be served with the summons, and that the summons must be returned, with a certificate or affidavit of its service and of the service of a copy-complaint. The legal service of summons (which gives jurisdiction of the person of defendant) includes, as a necessary part of such service, service of the complaint. The Justice, therefore, did not have…