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PALMER v. SUPERIOR COURT

Docket No. 19773.

192 Cal.App.2d 302 (1961)

13 Cal. Rptr. 301

ROBERT H. PALMER, Petitioner, v. SUPERIOR COURT OF SAN MATEO COUNTY et al., Respondents; JOSEPH A. MORAN, Real Party in Interest.

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

May 19, 1961.

Attorney(s) appearing for the Case

Ropers, Majeski & Kane for Petitioner.

Keith C. Sorenson, District Attorney, and James M. Parmelee, Deputy District Attorney, for Respondents.

Flynn & Rafferty for Real Party in Interest.

TOBRINER, J.

[1] In our judgment a stipulation continuing the hearing on petitioner's motion to dismiss under section 581a of the Code of Civil Procedure does not constitute a general appearance which saves an action from dismissal for failure to issue summons under that section. We have therefore concluded that a mandate requiring dismissal of the action should issue in this case.

We set out the...

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