Legal Opinion
Kennedy v. Mulligan
California Supreme Court
Decided June 14, 1902No. S.F. No. 2016PublishedCited by 6 opinions
The facts are stated in the opinion.
1Opinion of the Court
COOPER, C.
Appeal from judgment. It is claimed by defendant that the court erred in denying his motion to dismiss the action, and in ordering his default entered after denying the motion.
The action was brought to recover on a judgment, and was commenced May 29, 1896.
The summons was issued May 22, 1897, and served March 24, 1898. On April 23, 1898, the defendant gave notice of motion to vacate and set aside the service of the summons, and for an order dismissing the action on the ground of want of diligence in prosecuting the same. Affidavits were filed by both parties, and, after various…
2Cases cited3 opinions
- Willson v. CleavelandCalifornia Supreme Court · 1866
- Baker v. Superior CourtCalifornia Supreme Court · 1887
- Gibson v. Superior CourtCalifornia Supreme Court · 1890
3Cited by6 opinions
- W. A. Rose Co. v. Municipal Court for Oakland-Piedmont Judicial DistrictCalifornia Court of Appeal · 1959
- Bernard v. ParmeleeCalifornia Court of Appeal · 1907
- Voorman v. Superior Court of S.F.California Supreme Court · 1906
- Todd v. EverettCalifornia Court of Appeal · 1966
- Dibble v. HansonNorth Dakota Supreme Court · 1907
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