California Supreme Court July 1, 1878, No. 6225 (Linden Gravel Mining Co. v. Sheplar)

By the Court :

1. The Court properly dismissed the action, inasmuch as the summons was not issued within one year after the complaint was filed. (Code of Civil Procedure, sec. 406.)

2. The appearance of defendant for the motion only to dismiss was not a general appearance which waived his right to make the motion.

Judgment affirmed. Remittitur forthwith.