Linden Gravel Mining Co. v. Sheplar

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Docket Number

6225

Attorney(S)

Chas. F. Irwin, for Appellant, argued that sec. 406 Code of Civil Procedure is merely directory; also, that the appearance of defendant was a general appearance, waiving service of summons. W. W. Likens, for Respondent.

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Cites

Citation Codes

Equivalent Citations

citation codes

Docket Number

6225

Attorney(S)

Chas. F. Irwin, for Appellant, argued that sec. 406 Code of Civil Procedure is merely directory; also, that the appearance of defendant was a general appearance, waiving service of summons. W. W. Likens, for Respondent.

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

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

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