Cowell v. Stuart

Citations

• 69 Cal. 525
• 11 P. 57
• 1886 Cal. LEXIS 677

Syllabus

<p>Practice—Summons—Issuance and Service of—Want of Prosecution. —The action, was commenced on the 9th of November, 1881. On the 6th of November, 1882, the summons was issued, but was not served or placed in the hands of the sheriff for service until several months thereafter. The issuance of the summons was delayed at the request of some of the defendants, and occasioned by their promises to pay the money to recover which the action was brought. Held, that the action should not have been dismissed for want of prosecution.</p>