Haggerty v. Sherburne Mercantile Co.

The question involved on this appeal is relatively simple. Subdivision 7 of section 9317, Eevised Codes, in part reads:

“No action heretofore or hereafter commenced shall be further prosecuted, and no further proceedings shall be had therein, and all actions heretofore or hereafter commenced shall be dismissed by the court in which the same shall have been commenced, on its own motion, or on the motion of any party interested therein, whether named in the complaint as a party or not, unless summons shall have been issued within one year, and served and return made within three years after the…