Eldridge v. Kay
California Supreme Court
Appeal from the District Court of the Third J udicial District, County of Alameda. This was an action of ejectment, in which the complaint was filed.ancl summons issued in April, 1868. On the 9th of May, 1871, the defendants filed affidavits, to. the effect that they had not been served with summons until the 1st day of May, 1871, although they had lived near the plaintiff since the filing of the complaint.
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Appeal from the District Court of the Third J udicial District, County of Alameda. This was an action of ejectment, in which the complaint was filed.ancl summons issued in April, 1868. On the 9th of May, 1871, the defendants filed affidavits, to. the effect that they had not been served with summons until the 1st day of May, 1871, although they had lived near the plaintiff since the filing of the complaint. Upon these affidavits they moved to quash and set aside the service of summons, and to dismiss the suit. The plaintiff" objected to the Court entertaining the motion, on the ground that…
1Opinion of the Court
By the Court:
The summons in this action was issued in April, 1868, and no service was made on the defendants, or any of them, until May, 1871, although nothing occurred to obstruct the service—the defendants during all the meantime living *51within a short distance of the plaintiff, and being easily to be found. Such delay is absolutely without excuse, and it would be a practical defeat of the statute, which limits the issuance of a summons to the period of one year after the filing of the complaint, if the plaintiff" is .afterwards to arbitrarily delay the service of the summons for twice that…
2Cited by5 opinions
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