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Linden Gravel Mining Co. v. Sheplar

California Supreme Court · No. 6225 · 1878-07-01 · Published · 53 Cal. 245

LINDEN GRAVEL MINING CO. v. S. H. SHEPLAR

Area
civil

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

By the Court :

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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