Bacigalupo v. Superior Court

Citations

• 108 Cal. 92
• 40 P. 1055
• 1895 Cal. LEXIS 827

Syllabus

<p>Petition to Revoke Probate of Will—Citation—Construction of Code—Jurisdiction.—A citation to be issued under section 1328 of the Code of Civil Procedure is in the nature of a summons, and, construing section 1328 of the Code of Civil Procedure with section 1713 of the same code, the jurisdiction to issue a citation ceases in one year after the petition for revocation was filed.</p> <p>Id.—Quashing of Previous Citation—Amended or Alias Citation— Want of Jurisdiction—Certiorari.—Where a defective citation is quashed and dismissed by the court it serves no further useful purpose in the proceeding, and the case stands as though no citation had ever been issued; and the court cannot, after the expiration of one year from the dismissal of the defective citation, order an amended or alias citation to issue, and the order and citation issued thereon will be annulled upon certiorari for want of jurisdiction.</p>