Giese v. Giese

From the briefs and arguments of counsel we deem the basic issues to be:(1) Did the trial court abuse its discretion in denying the motion to enlarge the time to serve the complaint?(2) Was it prejudicial error to dismiss the complaint upon its merits?

The two principal procedural statutes involved are:

“262.12 Summons, what must accompany when served. (1) Personal Jurisdiction, (a) When personal or substituted personal service is made upon the defendant within this state, a copy of the complaint may or may not be served with the summons at the plaintiff’s option. If a copy of the complaint is…