Lander v. Flemming

Citations

• 47 Cal. 614

Syllabus

<p>Notice oe Aeeeabance.—A notice, that the defendant appears in the action for the sole purpose of making a motion to quash the summons, is a sufficient appearance to entitle the defendant to be heard upon the motion.</p> <p>Dismissal oe Action.—When the complaint was filed and the summons issued in October, 1870, and the summons was served in January, 1873; Held, that a prima facie- case of lack of diligence in prosecuting the action existed, and that, in the absence of proof on the part of the plaintiff to excuse the negligence, the Court should dismiss the action.</p>