State Ex Rel. Johnson v. District Court of the Fourth Judicial District

On petition of the relator, this court issued an alternative order to show cause. The petition disclosed that on November 22, 1965, in the respondent district court, relator filed a complaint naming St. Patrick’s Hospital and Stephen L. Odgers as defendants, wherein damages were sought for negligently leaving a surgical sponge in the hip of Mr. Johnson.

Summons was issued on November 22, 1965, and the defendant doctor was served in the State of California.

The defendant doctor, in support of a motion to dismiss, filed an affidavit; two pertinent paragraphs of this affidavit are as follows:

“Summo…