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Sawyer, J., concurring: The questions as to service of summons in this case is covered by the decision in Hahn v. Kelly, decided at the present term, in which the whole subject is elaborately discussed. Upon the grounds more fully stated in the opinions in that case, I think the judgment should be reversed and a new trial had. I also concur in the view that the plea of the Statute of Limitations is insufficient.
Mr. Justice Rhodes did not express an opinion.
Document Info
Citation Numbers: 33 Cal. 505
Judges: Sawyer, Shaeter
Filed Date: 10/15/1867
Precedential Status: Precedential
Modified Date: 10/19/2024