Dady v. Peterson

Matson, Justice.

In 1988, plaintiff served upon defendant a summons and complaint for the recovery of $58 for medical services rendered at defendant’s request. No answer was ever interposed; in fact, the action was dormant from its inception in August 1938 until August 1911, when garnishment proceedings, based thereon, were instituted against defendant. Defendant moved to dismiss the action for laches in prosecution and the garnishment proceeding. The court denied the motion but appended to its order a memo indicating that defendant, though in default, upon appropriate motion would be granted…