Dunker v. Lutz

California Supreme Court

Dunker v. Lutz

48 Cal. 464, 1874 Cal. LEXIS 180

CourtCalifornia Supreme Court

DecidedJuly 1, 1874

DocketNo. 3,992

StatusPublished

This text of 48 Cal. 464 (Dunker v. Lutz) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dunker v. Lutz, 48 Cal. 464, 1874 Cal. LEXIS 180 (Cal. 1874).

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Opinion

By the Court, McKinstry, J.:

I think the Clerk of the District Court is authorized, on demand of the plaintiff, to issue an alias summons after the expiration of the year during which the original must be issued.

If the plaintiff is guilty of laches, by failing to serve 'either the original or the alias, the defendant may move to quash.

Judgment and order affirmed. Bemittitur forthwith.

Neither Mr. Justice Rhodes nor Mr. Justice Crockett expressed an opinion.

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By the Court, McKinstry, J.:

I think the Clerk of the District Court is authorized, on demand of the plaintiff, to issue an alias summons after the expiration of the year during which the original must be issued.

If the plaintiff is guilty of laches, by failing to serve 'either the original or the alias, the defendant may move to quash.

Judgment and order affirmed. Bemittitur forthwith.

Neither Mr. Justice Rhodes nor Mr. Justice Crockett expressed an opinion.

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Bluebook (online)

48 Cal. 464, 1874 Cal. LEXIS 180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunker-v-lutz-cal-1874.