Dunker v. Lutz
ERNST DUNKER v. CATHARINE LUTZ and JOHN HOUCK
- Area
- civil
- Panel
- E. W. McKinstry (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — McKinstry
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.