Bakin, Admr. v. Marti

This wrongful death action was filed February 15, 1960. A summons was issued by the proper court on February 16, 1960. Death occurred on February 18, 1958. There was an attempted service and return. No service was obtained at any time but the defendant entered a general appearance on March 17, 1960, at which time its then counsel requested leave to move or plead in the action.

Defendant’s motion to quash the purported service of summons brought these facts to the trial court’s attention. It was admitted that the purported service of summons was improper • and no service had been obtained.

The…