City of Sacramento v. Fowle
City of Sacramento v. Fowle
Opinion
delivered the opinion of the court.
That the summons was served in conformity with the California Process Act we think quite clear.
If the president of the board of trustees, is not the “head of the corporation,” it is difficult to see who is, for no other executive or head officer is named in the charter. Indeed, it would seem that a service upon any officer of less grade would not be a compliance with the statute. The legislature doubtless intended, in pursuance of a wise public policy, to guard the city from the consequences which have sometimes followed legislation permitting suits to be prosecuted against municipal corporations where process was served upon any officer of the city government. It is easy to see that in such a case the public interests might suffer, but no reasonable apprehension could be indulged in this regard if the chief officer intrusted by the people with the management of their affairs was notified of the pendency of judicial proceedings.
The decision on this point disposes of the case, for if the service was in conformity with the statute, the court had jurisdiction of the party and the subject-matter, and the judgment is conclusive against the city, until reversed on direct proceedings, by the Supreme Court of the State.
*123 It is hardly necessary to say that the question of the original liability of the city on the bonds sued upon is not open here. If the city had any defence to make to them, it should have been made when suit was brought against it in the State court.
Judgment affirmed.
Reference
- Cited By
- 11 cases
- Status
- Published
- Syllabus
- 1. Under the Process Act of California, enacting that in a suit against a corporation the summons may be served on “ the president or other head of the corporation,” service is properly made on the president of a board of trustees, by whom it is declared in the city charter that the city shall be “governed,” and which president of the board of trustees, the charter further declares, shall be “general executive officer of the city government, head of the police, and general executive head of the city.” 2. When no defence has been made to the liability of a city for its bonds in a State court having general common-law jurisdiction in the place where the city was sued on them, no question can be raised here, on error to a judgment obtained in a Circuit Court of the United States, on the record of the judgment of such State court.