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CARTER v. SUPERIOR COURT

Docket No. 19511.

187 Cal.App.2d 1 (1960)

9 Cal. Rptr. 140

JASPER J. CARTER, Petitioner, v. SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; OTTO WIEGAND, Real Party in Interest.

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

November 30, 1960.

Attorney(s) appearing for the Case

Bledsoe, Smith, Cathcart, Johnson & Phelps and Joseph W. Rogers, Jr., for Petitioner.

No appearance for Respondent.

James C. Purcell, S. Lee Vavuris and Michael Riordan for Real Party in Interest.

DUNIWAY, J.

[1] Petition for writs of mandate and prohibition to compel dismissal of an action and to prevent any other proceedings therein, by reason of plaintiff's failure to return the summons within three years of the filing of the action. (Code Civ. Proc., § 581a.) Either writ would be a proper remedy. (Rio Del Mar etc. Club, Inc. v. Superior Court, 84 Cal.App.2d 214 [190 P.2d 295]; J.C. Penney Co. v. Superior Court,...

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