Lambert v. Raney

Plaintiff appeals from an order dismissing action for failure to serve and return summons within three years, and from an order denying issuance of alias summons, a nonappealable order under Code of Civil Procedure section 963 which may be reviewed on appeal from the judgment. (Price v. Hibbs, 225 Cal.App.2d 209, 212 [37 Cal.Rptr. 270].) Section 581a of the Code of Civil Procedure requires dismissal ‘ ‘ unless the summons shall be served and return thereon made within three years after the commencement of said action, . . . provided, that ... no dismissal shall be had under this section as to…