Modoc Land & Livestock Co. v. Superior Court

Application for a writ of prohibition. An action to recover a specific sum of money was commenced against the petitioner in the superior court of the county of Modoc by one Healey, September 5, 1896, by filing a complaint on that day. Summons was issued upon the complaint September 4, 1897, and with a copy of the complaint was served upon the defendant (the petitioner herein) August 7,1899. September 11, 1899, said defendant gave to the plaintifi a notice of motion to dismiss the action upon the ground that more than three years had elapsed since the commencement thereof, and the summons had not been served and return thereon made. The summons, with the officer’s certificate of service attached thereto, was delivered to the plaintiff’s counsel August 10, 1899, and was retained by him until September 16th, on which day he delivered it to the clerk, and it was then filed in that office, together with the sheriff’s certificate of service indorsed thereon. The motion to dismiss the action came on for hearing September 26th, when the above facts were shown to the court and the motion was denied, the judge ruling and holding that the court still had jurisdiction of said action and would…