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SPENCER v. STATE FARM MUT. AUTO. INS. CO.

Docket No. 17266.

152 Cal.App.2d 797 (1957)

313 P.2d 900

LAWRENCE J. SPENCER et al., Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (a Corporation) et al., Respondents.

Court of Appeals of California, First District, Division Two.

July 26, 1957.

Attorney(s) appearing for the Case

Quill & Shelton for Appellants.

Berry, Davis & Channell for Respondents.

LERNHART, J. pro tem.*

Appeal from judgment sustaining demurrer without leave to amend. The complaint alleged that: in 1952 plaintiff Lawrence J. Spencer was injured in a collision of his car and one driven by John H. Fortney. Action was commenced against John H. Fortney as operator and his wife, Eleanor Fortney, as owner. Mr. Fortney was not served with summons. The action resulted in judgment against Mrs. Fortney for $5,000, the maximum...

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