
    MERRILL vs. AUBIN GAS CO. FOR CALIFORNIA.
    
      Twelfth District Court for San Francisco Co.,
    
      Jan. T., 1858.
    SUMMONS-WRIT 03? ATTACHMENT.
    A summons is not “ issued,” within the meaning of the practice act, until it is taken from the clerk’s office, with the intent to be served.
    The practice act provides that a certified copy of the complaint shall he served with the summons, and hence the placing a summons in the hands of an officer, before a copy of the complaint is issued by the clerk, is evidence that the summons was not issued with intent to be served until a copy of the complaint should be furnished.
    On motion to discharge a writ of attachment, are given in the opinion. The material facts
     