Bender v. Bender

Sec 11231 GC, provides that an attempt to commence an action shall be deemed equivalent to its commencement when the party diligently endeavors to procure service, if such attempt “be followed by service within sixty days.0’ The only matter in controversy on this motion is'one relating to the time when the sixty days mentioned in the statute begins to run. The statute itself is not very explicit but, as we construe it, the time would begin to run from the date on which the first summons in error is issued.

In the case under consideration, the first summons in error was issued on June 30, 1930,…