Caldwell
Caldwell v. Regents of the University of California
Opinion
Lead Opinion
Hart, J.
This is an appeal from a judgment entered upon an order dismissing the above-entitled action and from the order of dismissal.
The ground upon which the order of dismissal was made was want of diligence in the service of summons and consequent failure to prosecute the action with reasonable diligence.
The motion was supported by the affidavit of an officer of the defendant, setting forth the facts upon which "the latter claimed to be entitled to favorable action upon said motion.
The plaintiff filed a counter affidavit, in which he details a history of the litigation of which the proceeding now before us is the outgrowth, and sets forth his reasons for postponing the service of summons.
These affidavits are incorporated into the record, which was made up in accordance with the provisions of sections 941a, 941b, and 941c of the Code of Civil Procedure.
The action, the purpose of which was to obtain a decree quieting, as against the defendant, the plaintiff’s’alleged title to certain real property situated in the city of Oakland, Alameda County, was commenced and summons issued on the sixteenth day of May, 1910, but the summons was not served upon the defendant up to the time of…