Dunker v. Lutz

Decided July 1, 1874

California Supreme Court · decided 1874-07-01

Judicial District, City and County of San Francisco. On the 15th day of November, 1865, the plaintiff obtained a judgment against the defendants in said Court, for five hundred and ninty-nine dollars and costs. On the 15th day of November, 1869, he commenced suit on the judgment by filing a complaint and procuring a summons to be issued.

Decided 1874-07-01

By the Court, McKinstry, J.:

¶1I 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.

¶2If the plaintiff is guilty of laches, by failing to serve 'either the original or the alias, the defendant may move to quash.

¶3Judgment and order affirmed. Bemittitur forthwith.

¶4Neither Mr. Justice Rhodes nor Mr. Justice Crockett expressed an opinion.