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Carpentier v. Minturn

Supreme Court of California
Apr 1, 1870
39 Cal. 450 (Cal. 1870)

Opinion

         Appeal from the District Court of the Twelfth District, City and County of San Francisco.

         COUNSEL:

         H. W. Carpentier, in pro. per., for Appellant.

         E. R. Carpentier, of counsel, claimed that Sections 148 and 149 of the Practice Act apply to this case and entitled plaintiff to " judgment on the merits."

          Williams & Thornton, for Respondent, cited Dupuy v. Shear (29 Cal. 241) and Grigsby v. Napa County (36 Cal. 585.)


         JUDGES: Rhodes, C. J., delivered the opinion of the Court. Wallace, J., being disqualified, did not participate in the decision.

         OPINION

          RHODES, Judge

         The plaintiff having filed his complaint, procured a summons and a certified copy of the complaint, but mislaid them, and did not discover them until after the expiration of more than eight years. Soon after finding them, he caused them to be served on the defendants. The excuse for the delay in serving the papers is, that he mislaid and forgot them. The Court, on the defendant's motion, ordered the summons to be set aside and the complaint to be stricken from the files. There was no abuse of discretion in granting the motion, and, in our opinion, the order was fully justified by the facts presented in the affidavits. (See Dupuy v. Shear, 29 Cal. 241; Reynolds v. Page, 35 Cal. 396; Grigsby v. Napa County, 36 Cal. 585.)

         Judgment affirmed.


Summaries of

Carpentier v. Minturn

Supreme Court of California
Apr 1, 1870
39 Cal. 450 (Cal. 1870)
Case details for

Carpentier v. Minturn

Case Details

Full title:H. W. CARPENTIER, Appellant, v. CHARLES MINTURN, et als., Respondents

Court:Supreme Court of California

Date published: Apr 1, 1870

Citations

39 Cal. 450 (Cal. 1870)

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