Carmichael v. Superior Court

Petition for writ of mandate.

Petitioner alleges that on September 30, 1936, an action was commenced in the Superior Court of Nevada County against several defendants, including petitioner herein, to recover the sum of $5,000; that summons was thereupon issued directed to all defendants; that petitioner was never served; that the summons was never returned or filed, and that no stipulation extending time was ever made or filed; that on February 20, 1942, petitioner made a motion in the said superior court to dismiss the action as to him, on the grounds that summons had not been served upon him…