Dennett v. Powers

TUCKETT, Justice:

Plaintiff filed his complaint on September 13, 1972. On June 10, 1974, the defend*136ants Karl Powers and Elsie Powers appeared specially by counsel and moved that the complaint be dismissed on the ground that the summons had not been timely served pursuant to the provisions of Rule 4(b), Utah Rules of Civil Procedure, which reads as follows:

If an action is commenced by the filing of a complaint, summons must issue thereon within three months from the date of such filing. The summons must be served within one year after the filing of the complaint or the action will be deemed…