Linden Gravel Mining Co. v. Sheplar
53 Cal. 245
This text of 53 Cal. 245 (Linden Gravel Mining Co. v. Sheplar) 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
Linden Gravel Mining Co. v. Sheplar, 53 Cal. 245 (Cal. 1878).
Opinion
1. The Court properly dismissed the action, inasmuch as the summons was not issued within one year after the complaint was filed. (Code of Civil Procedure, sec. 406.)
2. The appearance of defendant for the motion only to dismiss was not a general appearance which waived his right to make the motion.
Judgment affirmed. Remittitur forthwith.
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Bluebook (online)
53 Cal. 245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/linden-gravel-mining-co-v-sheplar-cal-1878.