Hohmann & Barnard, Inc. v. Combined Welder & Machine Corp.

Motion 11 for an order vacating and setting aside the service of the summons herein on the ground that the said defendant was enticed into the office of the attorney for the plaintiff for the purpose of deceitfully effecting such service.”

The plaintiff argues that defendant was not enticed into the office of its attorney and the defendant argues that its officer was so enticed. A question of fact is thus raised which could not be determined without a hearing. However, as the court *905sees it, a determination of the factual issue is not germane to a proper resolution of this motion for, even if…