Muslusky v. Lehigh Valley Coal Co.

The defendant moves for an order directing judgment dismissing the complaint on the ground that the plaintiff has failed to comply with the defendant’s demand for the service of a copy of the complaint and that the time for such service has expired. The facts are peculiar. The moving affidavit states that the summons was delivered to the assistant secretary of the defendant on or about the 16th day of February, 1916, and that thereafter and on the 24th day of February, 1-916, the defendant appeared' specially ‘1 for the sole purpose only of demanding and obtaining a copy of the complaint…