Straughter v. Francis

Plaintiff brings this action for damages resulting from a partnership dissolution. The summons was served on March 30,1964. Within 20 days, the defendant served a notice of appearance upon the plaintiff. On August 4, 1965, the defendant moved for a dismissal of the action for failure to prosecute upon the ground that the complaint had never been served. Along with his affidavits in opposition to the motion, the plaintiff served his complaint on the defendant’s attorney on August 13,1965, which was returned to the plaintiff’s attorneys.

The plaintiff resists the motion upon the ground that…