People v. Kings County Development Co.

This is a suit in equity and was commenced by the state of California, through its attorney-general, by the filing of a complaint on the twenty-first day of November, 1914, for the purpose of obtaining a decree annuling a patent to certain state lands, the defendant having acquired title to said patent through certain mesne conveyances coming down from the original patentee. The patent in question was issued on November 23, 1904. Summons in the action was issued June 14, 1915, and was served on September 10, 1918. A notice of motion to dismiss the action was served on the' attorney-general on the twenty-fifth day of September, 1918. The ground of the motion was: “That the summons and the- complaint in said action were not served upon the defendant until more than three years after the commencement of said action, and that also on account thereof the above-entitled court no longer has jurisdiction over said action.”

The court below granted the motion, and from the order granting said motion the people prosecute this appeal.

[1] The order dismissing the action was based upon section 581a of the Code of Civil Procedure. The particular provisions of said section which are material…