California Supreme Court, 1874

Dunker v. Lutz

Dunker v. Lutz
California Supreme Court · Decided July 1, 1874 · McKinstry
48 Cal. 464; 1874 Cal. LEXIS 180

Dunker v. Lutz

Opinion of the Court

By the Court, McKinstry, J.:

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.

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