McDonald v. Swett

Citations

• 76 Cal. 257
• 18 P. 324
• 1888 Cal. LEXIS 871

Syllabus

<p>Practice—Want of Prosecution — Delay in Serving Summons—Discretion. — The refusal to dismiss an action for want of prosecution, on the ground that the plaintiff had neglected to serve the summons for a period of twenty-one months after its issuance, is not an abuse of discretion.</p> <p>Id.—Motion to Dismiss—Extension of Time to Answer.—A motion by the defendant to dismiss the action does not extend the time to answer; and a refusal to set aside a default entered pending such a motion is not an abuse of discretion.</p> <p>Id. —Amendment of Name of Defendant — Default. —Where a defendant whose true name is “Swett ” is sued by the name of “Sweet,” it is not error, after the entry of his default, to allow the complaint to be amended by inserting his true name, and thereupon to enter judgment against him.</p> <p>Id.—Appeal — Judgment by Default.—On an appeal from a judgment by default not taken within sixty days after its entry, nothing can be reviewed except what appears on the judgment roll.</p>