Legal Opinion

Hinkel v. Donohue

California Supreme Court

Decided August 1, 1891No. 13318PublishedCited by 11 opinions

Appeal from a judgment of the Superior Court of the city and county of San Francisco, The facts are stated in the opinion of the court.

1Opinion of the CourtHarrison, J.

— The plaintiff commenced an action in ejectment against the defendants by filing a complaint on the 28th of November, 1887. Summons was issued iff reon upon that day, but no service thereof was ever made upon either of the defendants. March 16, 1888, the attorneys for the plaintiff filed with the clerk of' the court the following paper writing, viz.:—■

“ [Title of court and cause.]
“ The above-entitled cause is hereby dismissed, and the clerk of the above-named court is hereby authorized to enter said dismissal of record.
“ O’Brien & Morrison,
“ Attorneys for Plaintiff.”

At the time of filing…

2Cited by11 opinions

  1. Kaufman v. Superior CourtCalifornia Supreme Court · 1896
  2. Schubert v. BatesCalifornia Supreme Court · 1947
  3. Todhunter v. KlemmerCalifornia Supreme Court · 1901
  4. Kester v. McNearCalifornia Supreme Court · 1928
  5. Richards & Knox v. BradleyCalifornia Supreme Court · 1900

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