Allen v. Marshall

Citations

• 34 Cal. 165

Syllabus

<p>Statute op Limitations.—Where an action on a promissory note was commenced by filing a complaint within four years after the note became due, and a summons was issued within one year thereafter, but not until after the expiration of said four years : held, that this was sufficient, and the cause of action was not barred by the statute.</p> <p>Amendment op Complaint. — The plaintiff may amend his complaint without leave of Court, at any time before issuing a summons, where there has been no appearance of the defendant.</p>