Aptos Building Co. v. Superior Court

Petition for a writ of prohibition.

Petitioners seek in this proceeding to prevent the respondent superior court from further proceeding, except to dismiss, an action commenced by the respondent commission against petitioners. The record discloses the following chronology:

November 2, 1943—complaint filed and summons issued, but it was never served.

April 14, 1944—the original summons was returned unserved, an amended complaint was filed, and summons issued on the amended complaint.

April 18 or 20, 1944—summons on the amended complaint was served on petitioners.

April 27, 1944—stipulation…