Herold v. Wills

In this stockholder’s derivative action the corporate defendant for whose benefit the, action is brought moves to vacate the service of the summons and complaint upon it. The individual defendants apply for an extension of time to answer or move with respect to the complaint, predicated in the alternate on the granting or denial of the motion to vacate service made by the corporate defendant.

The individual defendants have heretofore moved to dismiss the complaint because of the asserted unreasonable neglect to serve a summons on the corporation, an indispensable defendant. On that motion the…