Dunker v. Lutz
California Supreme Court
Dunker v. Lutz, 48 Cal. 464 (Cal. 1874)
1874 Cal. LEXIS 180
McKinstry
Dunker v. Lutz
Opinion of the Court
I think the Clerk of the District Court is authorized, on demand of the plaintiff, to issue an alias summons after the expiration of the year during which the original must be issued.
If the plaintiff is guilty of laches, by failing to serve 'either the original or the alias, the defendant may move to quash.
Judgment and order affirmed. Bemittitur forthwith.
Neither Mr. Justice Rhodes nor Mr. Justice Crockett expressed an opinion.
Reference
- Full Case Name
- ERNST DUNKER v. CATHARINE LUTZ and JOHN HOUCK
- Status
- Published
- Syllabus
- Alias Summons.—The Clerk of the District Court is authorized, on demand of the plaintiff, and without an order of Court, to issue an alias sum- - mons after the expiration of the year during which the original must be issued.