Bank of America National Trust & Savings Ass'n v. Harrah

On January 28, 1946, plaintiff filed this action based on two judgments. On June 27, 1950, the defendant, “appearing specially for the purpose of making this motion, ’ ’ filed Ms notice of motion to dismiss on the grounds of laches in failing to have summons and complaint served within a reasonable time after the filing of the action and issuance of summons; and upon the further ground that the action had been pending more than three years, that it had -been more than three years since the summons had been issued, and that it had not been served upon the defendant. The motion was supported by…