McCarver v. De Mornay-Bonardi Corp.

This is an application by defendants Bichard Be Mornay, Henry Witty and Be Mornay-Bonardi Corp., who appear specially, for an order vacating and setting aside the service of the summons upon them.

The voluminous papers presented to the court establish that the plaintiff instituted a prior action in the United States Bis-trict Court, Southern Bistrict, in 1949 against the individual defendants herein and others, but not against the defendant corporation. After considerable delay in the prosecution of the action plaintiff, in 1953, served notices for the taking of the depositions of the…