Dunker v. Lutz
Dunker v. Lutz
48 Cal. 464; 1874 Cal. LEXIS 180
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.