Murray v. Gleeson

Belcher, C.

This is an action to foreclose a mortgage on real property.

The complaint was filed and the summons issued on December 26, 1891. The summons was served upon the defendant on April 3, 1893, and on the 12th of that month defendant served notice upon the plaintiff that he would, on May 1,1893, move the court to dismiss the action, on the ground that the summons was not served within the time required by law. At the time named *512the motion was heard by the court and taken under advisement until the 15th of the same month, when the motion was granted and judgment entered dismissing, the…