49 Cal. 273 | Cal. | 1874
This is an action brought by a landlord against his tenant, for holding over after the expiration of his term. The action was commenced August 11, 1873, and the summons was served by posting a copy of the summons and complaint on the front door of the house standing on the land, and by delivering a copy of the summons to a person who was in occupation of the land, or some portion of it. This service was made under the Act of March 11,1872, amendatory of the Forcible Entry and Detainer Act of 1863 (Statutes 1871-2, p. 318), which provides, among other things, that “the summons shall be served by delivering a copy thereof upon the occupant of the premises described in the complaint, or by leaving such copy on the premises in a conspicuous place.” The Code of Civil Procedure, Section 1,159, and following, provides for the entire field of forcible entry and detainer (including the holding over of tenants, etc.,) and a complete mode of procedure in those cases is there prescribed. Among other things, Section 1,167 provides that the summons “ must be served and returned in the same manner as the summons in a civil action is served and returned.” It is manifest that the intent of the Legislature, was to reduce the law upon the subject
Judgment reversed and cause remanded. Remittitur forthwith.
Mr. Justice Niles did not express an opinion.