Legal Opinion

Wheatland v. Maloney

California Court of Appeal

Decided December 6, 1930No. Docket No. 178PublishedCited by 8 opinions

1Opinion of the Court

WARMER, J., pro tem.

The admitted facts, so far as pertinent here, are as follows: On February 11, 1930, plaintiff filed his complaint alleging libel against the defendants, M. C. Maloney et al. The complaint sets out the alleged libelous matter, alleges its falsity and prays for judgment for damages. The clerk, without requiring the bond provided for in the act of March 23, 1872, filed the complaint and issued summons, but no summons or notice of any kind was ever served on the defendants or any of them. On February 17, 1930, a dismissal of the action was entered by the clerk on the written…

2Cases cited4 opinions

  1. Hind v. Oriental Products Co., Inc.California Supreme Court · 1925
  2. Gaffey v. MannCalifornia Court of Appeal · 1906
  3. Hills v. ShafferCalifornia Court of Appeal · 1929
  4. Shannon v. TookerCalifornia Supreme Court · 1914

3Cited by8 opinions

  1. American Mutual Liability Insurance Co. v. Superior CourtCalifornia Court of Appeal · 1974
  2. Jeffers v. Screen Extras Guild, Inc.California Court of Appeal · 1955
  3. Brown v. Douglas Aircraft Co.California Court of Appeal · 1958
  4. Gloria v. A. Colonia PortuguesaCalifornia Court of Appeal · 1931
  5. Wheatland v. BakerCalifornia Court of Appeal · 1930

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