Hughes v. Crowley

— This is an action brought under our unlawful detainer statute.

The trial court, on motion, entered an order quashing the summons and the service thereof, and quashing the writ of restitution. The plaintiff has appealed.

The action was commenced on January 5, 1931, by the, filing of a complaint, which is not attacked, and by the issuance of a summons in the usual form, except that it was made returnable on the 12th day of Jan- nary, 1930, instead of 1931. Whether by reason of the erroneous return date, the summons was void, as ré-spondent now contends, is one of the questions to be later…