Murray v. Gleeson

Citations

• 100 Cal. 511
• 35 P. 88
• 1893 Cal. LEXIS 826

Syllabus

<p>Service of Summons—Time Limited—Construction of Code—Reasonable Diligence.—Subdivision 7 of section 581 of the Code of Civil Procedure, which provides that an action shall be dismissed “ unless summons shall have been issued within one year and served and return thereon made within three years after the commencement of said action,” does not limit the time for service of the summons to one year after the commencement of the action, but fixes the extreme limit of time both for the service of summons and the return of summons at three years; but the question as to whether there has been reasonable diligence in making the service within the time limited is left an open one to be considered and decided by the court upon the facts of each particular case</p>