Dunker v. Lutz (1874) · DecisionDepot

Dunker v. Lutz

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1874 No. No. 3,992Published

Before: McKinstry

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Holding. The Clerk of the District Court is authorized to issue an alias summons upon the plaintiff's demand even after the one-year period for issuing the original summons has expired. If the plaintiff fails to serve the summons, the defendant's remedy is to move to quash for laches.

Issues

Whether the Clerk of the District Court is authorized to issue an alias summons after the expiration of the year during which the original must be issued.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“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.”

Synopsis

Alias Summons.—The Clerk of the District Court is authorized, on demand of the plaintiff, and without an order of Court, to issue an alias sum- - mons after the expiration of the year during which the original must be issued.

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.

Dunker v. Lutz

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