Legal Opinion

Dupuy v. Shear

California Supreme Court

Decided July 1, 1865PublishedCited by 20 opinions

Appeal from the District Court, Twelfth Judicial Distriót, City and County of San Francisco. The facts are stated in the opinion of 'the Court.

1Opinion of the Court

By the Court, Sawyer, J.

The complaint in this case was filed and summons issued thereon on the 26th of July, 1855. A suit was, therefore, commenced on that day within the provisions of the Statute of Limitations, and also within the provisions of section twenty-two of the Practice Act. But no service was had, and, consequently, no jurisdiction of the persons of the defendants was acquired. The action remained in that condition without any further steps having been taken till October 8th, 1864—a *239period of more than nine years. On the last named day the plaintiff, on an affidavit stating the…

2Cited by20 opinions

  1. Harrington v. Superior CourtCalifornia Supreme Court · 1924
  2. In Re Connaway as Receiver of the Moscow National BankSupreme Court of the United States · 1900
  3. State Savings Bank v. AlbertsonMontana Supreme Court · 1909
  4. Steinbauer v. BondesenCalifornia Court of Appeal · 1932
  5. People Ex Rel. Stone v. JefferdsCalifornia Supreme Court · 1899

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