Deidesheimer v. Brown

Citations

• 8 Cal. 339

Syllabus

<p>A justice of the peace cannot make a summons returnable in eleven days after service. * ~ — Where a defendant appears for the purpose of taking advantage of irregular summons by a motion to dismiss, it does not amount to a waiver of his rights so as to cure the defect.</p> <p>Nor does he waive his rights by answering after moving to dismiss, and motion overruled.</p>