Stanley v. Gillen
California Supreme Court
APPEAL from a judgment of the Superior Court of Alameda County. John Ellsworth, Judge. The facts are stated in the opinion.
1Opinion of the Court
CHIPMAN, C.
The complaint was filed May 10, 1893. The summons was served on all the defendants except Gillen, who has not been served, on May 4, 1896. On May 5, 1896, defendant Stivers served notice of motion to dismiss the action on the ground of unreasonable delay in the service of the summons and in the prosecution of the action. Defendants Lial and Lyons gave a similar notice, and on June 1, 1896,-the court rendered judgment of dismissal as to all the defendants; as to Gillen on the motion of the court. The hearing was upon the papers on file in the action and upon affidavits. Plaintiff…
2Cases cited1 opinion
- First National Bank v. NasonCalifornia Supreme Court · 1897
3Cited by11 opinions
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- Ferris v. WoodCalifornia Supreme Court · 1904
- Witter v. PhelpsCalifornia Supreme Court · 1912
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