66 Cal. 311 | Cal. | 1885
Certiorari, to review the proceedings of the respondent, in adjudging the petitioner guilty of contempt for disobedience of an injunction, and in imposing a fine.
2. On the 15th of November, 1872, the petitioner, in compliance with the requirement of the act of April 1, 1872, filed in the office of the secretary of state an instrument designating one Allenburg as the person upon whom process might be served. On the 29th of March, 1880, the petitioner, having removéd its principal place of business from Nevada county to San Francisco, filed in the office of the secretary of state an instrument designating David Gahn, of the latter place, as the person on whom the process might be served. In the action in which the injunction was issued, the summons was served by the sheriff of the city and county of San Francisco, on the 9th of November, 1882, by delivering.a copy of the same, together with a certified copy of the complaint, to the said David Cahn.
3. The writ of injunction was served November 9,1882, by the sheriff of the city and county of San Francisco, by leaving with the said David Cahn a copy of the writ, and showing the original, and explaining its contents, and delivering to him a copy of the complaint and verification. The service was sufficient.
4. An alleged violation of the injunction occurred on the 29th of December, 1882. The defendant having, in its motion to set aside the service of summons, filed affidavits that A. S. Bigelow was its managing agent at its works, the court, January 20th, 1883, made an order to show cause for the alleged violation, and directed that it be served on A. S. Bigelow, managing agent, or on David Cahn, the person designated as aforesaid. On the 3d day of March another order to show cause was made, and was served on Cahn. Subsequently still another
It is objected that this service did not give the court jurisdiction to proceed against the defendant as for a contempt. We refer to the opinion above mentioned as being peculiarly applicable to the facts appearing in this case. The evident intention of the defendant and its management was to avoid the service of process. We are not disposed, nor are we at liberty, to sanction the carrying of such intention into effect.
We make use of the present occasion to say that questions of state policy, or of the rights of communities or individuals, are not to be determined, or determination avoided, by the use of such means as appear to have been resorted to in this case.
5. The Judge of the Superior Court of Colusa county, at the request of the Judge of the Superior Court of Yuba county, held the court a portion of the time during which the proceedings were had. We see no error in this. The constitution (§ 8, art. vi) expressly authorizes a Judge of one county to sit at the request of a Judge of another county.
We see no excess of jurisdiction.
The orders are affirmed.
McKee, J.,. Ross, J., McKinstry, J., and Sharpstein, J., concurred.
Rehearing denied.