Siskiyou County Bank v. Hoyt
California Supreme Court
APPEAL from a judgment of dismissal of an action by the Superior Court of Siskiyou County and from an order refusing to vacate the judgment. J. S. Beard, Judge. The facts are stated in the opinion of the court.
1Opinion of the Court
HAYNES, C.
— Appeal from an order and judgment dismissing the action, and from an order denying appellant’s motion to vacate the judgment of dismissal.
Appellant, the Siskiyou County Bank, commenced an action against Perry Hoyt and Elizabeth Hoyt on October 5, 1895, to foreclose a mortgage executed by them to the bank on October 6,1891. A summons was issued one day before the expiration of a year after the filing of the complaint, but the summons not having been served within three years after the • commencement of the action, and no appearance having been made, Elizabeth Hoyt, one of the…
2Cases cited5 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
- Cooper v. GordonCalifornia Supreme Court · 1899
- Peck v. AgnewCalifornia Supreme Court · 1899
3Cited by12 opinions
- In re GriffinCalifornia Supreme Court · 1967
- Tresway Aero, Inc. v. Superior CourtCalifornia Supreme Court · 1971
- Flamer v. Superior CourtCalifornia Court of Appeal · 1968
- Sauer v. Superior CourtCalifornia Court of Appeal · 1925
- Jones v. GunnCalifornia Supreme Court · 1906
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