Capuano v. Zolla

Frank E. Johnson, Off. Ref.

Testimony has been taken, and a brief submitted, under the order to hear and determine a motion by a defendant corporation to vacate a service of the *97summons and complaint herein. Proof came first on the service of those papers, hut it later developed that the real question was not whether service was duly made but whether the moving party had waived the right to make such motion.

The matters now disposed of should be considered in proper order; the first should he whether there is any question of fact to be decided here, in view of the claim of the plaintiff that…