Marks v. Keenan
California Supreme Court
MOTION to dismiss appeal from a judgment of the Superior Court of the City and County of San Francisco. J. M. Seawell, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtMcFARLAND, J.
Motion to dismiss an appeal.
In the court below the defendant moved for an order setting aside the service of summons and dismissing the action, on the grounds that the service of summons had not been made in time, and plaintiff had failed to prosecute the action with reasonable or any diligence. After a hearing, the court made an order reciting that defendant had made a motion to dismiss the action “for failure to serve the summons issued herein within a reasonable time,” and granting the motion. This order of dismissal was entered in the minutes of the ■court, but not in the “judgment-book”…
2Cited by17 opinions
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