WYOMING PACIFIC OIL CO. v. PRESTON

Docket No. L.A. 24332.

50 Cal.2d 736 (1958)

329 P.2d 489

WYOMING PACIFIC OIL COMPANY (a Corporation), Appellant, v. EDWARD J. PRESTON et al., Defendants; GEORGE B. BUSH, Respondent.

Supreme Court of California. In Bank.

September 12, 1958.


Attorney(s) appearing for the Case

Henry C. Clausen and Richard G. Burns for Appellant.

No appearance for Respondent.


SPENCE, J.

Plaintiff appeals from two orders: (1) the order dismissing its action as to defendant Bush; and (2) the subsequent order denying its motion to vacate the dismissal. It contends that the dismissal was improper because of a prior binding adjudication that defendant Bush was concealing himself to avoid service of summons during the final days of the three-year period provided for such service (Code Civ. Proc., § 581a) and because thereafter Bush was...

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