Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-07-06
A LITTLE TOO FINE.
THE SUPREME COURT NOT SPLITTING
sTRAws JUST NOW,
And Decides Against Convicted Chinese
Hydraulic Miners in Habeas
Corpus Case.

The following opinion of the Supreme
Court was yesterday filed in the office of ].
,, S. Williams, Clerk of the Sacramento Dis.
trict
Ex parte Fill HI ct al, on habeas corpus-Th he
persons IN whose behalf this writ was sued out
were a number of Cinnamon convicted in the
Superior Court of Yuba county of a contempt OF
said Court in disobeying and violating tempo
rary injunction issued out of said Court in an
action IN which the county of Yuba was plain
TIL and said Fill XII ct al. were defendants
The complaint in that seton was entitled,
in the supreme Court of the County of Yuba,
State of California" The wrapper or outside
cover had upon 1t the title, in the Superior
Court OF the State OF California in and for the
| County of Tuba" The summons and tempe-
Tary Injunction were entitled, In the Superior
Court OF the state of California in and for the
County of Yuba." The complaint ' as filed in
the office of the Clerk of the Superior Count of
the said county of Yuba.
The contention of the petitioners is that no
such action as that IN which said INJUNCTION
puTports 10 have deem issued, was pending in
the superior Court of said county at the time
said injunction issued. That a complaint must
contain, among other things, the name OF the
Court ard county in which the action is
brought, and that the complaint in this case
does Lot contain the name OF any Court That
the complaint is detective in that respect is an
parent. Is Il a fatal defect? Civil actions in
the Courts of this Stale are commenced by
filing complaint. &c. c. p. 405)
The complaint must contain: l. The title of
LIe action, the name OF the Court and county in
when the action was brought and the names
OF the parties TO the action. . 4 statement of
the facts constituting the cause Of action in or
binary and concise language. 8. demand of
the relief which the plaintiff claims If the
recovery OF money or damages be demanded
the amount thereof must be. stated. Id, 426)
II, ia order to constitute complaint it is
necessary TO strictly comply with each and
every OF these requirements. then the paper filed
IN ms case was not complaint, and the in
junction issued upon il was void, and if void,
might be disObeyed without committing con
tempt OF Court But no mere irreguaritY or
omission, not going 10 the jurisdiction of the
court, can be taken advantage of in this pro-
ceeung Here we can only inquire whether
the Court had jurisdiction TO issue the iniuuc-
ton The Code preScTibes what a complaint
must contain and it provides that the Court
must IN every stage OF an action disregard any
error or defect IN the pleadtngs or proceedings
which does not affect the substantial rights OF
the parties, and no judgment must be reversed
OF affected by reason of such error or defect
Cd. 4T5)
The two provisions are equally mandatory
and imperative The defect relied on in this
case could not in any conceivable way affect
the substantial rights of the parties. The sum
mons contained the name OF the Court, and the
cover OF the complaint contained it. So did the
writ OF injunction, which was disobeyed. And
there was no supreme Court OF the County of
Yuba, State OF California" The requirement
that the complaint must contain the
names OF the parties is just as mandatory
ana imperative as It is that 1t must contain
the name OF the Court But In Campbell vs.
Adams 80 Cal, 203) the Court said The only
ground on which it is claimed the judgment is
void Is that he lewis was not named as a de-
lendant in the original or any amended COM
plant. But We are not prepared 10 hold that
the judgment was nullity for want of iursdic-
ton 10 render it. When Lewis was served as q
def ndant sued by u fictitious name the Court
acquired jurisdiction over his person. and il
then became the duty OF the plaintiff to amend
Inc complaint by inserting the true name; but
1t was not void"
IN this case we think there was complaint
filed IN the proper Court, and that the defect re-
led on did not affect the substantial rights of
the parties, and therefore must be disrpgarded
In every stage of the action.
The writ IS discharged and the prisoner re-
manded 10 the custody of the Sheriff Of Yuba
county.