Sharpstein v. Eells
California Supreme Court
APPEAL from a judgment of the Superior Court of Napa County. E. D. Ham, Judge. The facts are stated in the opinion.
1Opinion of the Court
COOPER, C.
— This is an appeal from an order dismissing, the action as to respondent. The summons was issued October 26, 1895, but was not served until February 6th, nor returned until February 17, 1900. On the last-named day the respondent not having appeared or answered, her default was entered.
On March 12, 1900, upon motion of respondent’s counsel, the court made an order dismissing the action as to her, upon the ground that the summons was not served, filed, or returned within three years after its issuance, as required by subdivision 7 of section 581 of the Code of Civil Procedure. The…
2Cases cited3 opinions
- Vrooman v. Li Po TaiCalifornia Supreme Court · 1896
- White v. Superior CourtCalifornia Supreme Court · 1899
- Modoc Land & Livestock Co. v. Superior CourtCalifornia Supreme Court · 1900
3Cited by10 opinions
- Brock v. FouchyCalifornia Court of Appeal · 1946
- People v. Kings County Development Co.California Court of Appeal · 1920
- Frohman v. BonelliCalifornia Court of Appeal · 1949
- Bellingham Bay Lumber Co. v. Western Amusement Co.California Court of Appeal · 1917
- Ransome-Crummey Co. v. WoodCalifornia Court of Appeal · 1919
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