Sink v. Easter

COPELAND, Justice.

This case is complicated essentially because so many errors were made before it reached this Court. In unraveling this chain of procedural events, we begin with defendant’s motion to dismiss filed on 7 February 1974. This motion is reproduced in full below:

“Now Comes the defendant, who moves the Court to dismiss this action for lack of jurisdiction and respectfully shows unto the Court:

1. This action was instituted on September 4, 1971, by the issuance of summons and granting of an order extending time to file complaint until September 24, 1971. The summons and Court’s order…