FIELD vs. FIELD

FIELD vs. FIELD. Fourth District Court for San Francisco Co., Feb. T., 1858. SERVICE OF PROCESS — JURISDICTION. Service of summons merely, without serving a certified copy of the complaint, is not sufficient of itself, under our statute, to give the court jurisdiction in the action, and of the defendant. This was an ex parte motion for a decree of divorce, upon the report of a referee. J. C. Stebbins, for plaintiff. Defendant not in court. [MAJORITY — Hager, J.] Hager, J. — By the sheriff’s return it appears he personally served the defendant with a copy of the summons. It does not appear that a copy of the complaint has been served, as is required by our code, and the defendant has not appeared in the action. Until the summons and complaint are served as required by statute, or the defendant appears, {code, § 35,) the court acquires no jurisdiction, and all proceedings in the action are void. Plaintiff may have leave to complete the service of the summons and complaint.