People Ex Rel. Margetich v. McCarroll

This appeal stems from the dismissal of the plaintiff’s complaint by the Circuit Court of Tazewell County. The complaint, filed on May 11, 1978, alleged that the defendant, James McCarroll, was the father of the relator’s child, born March 26, 1978. For reasons not indicated in the record, service of summons was not issued, however, until August 6,1980.

The defendant filed a motion to dismiss based upon Supreme Court Rule 103(b) (Ill. Rev. Stat. 1979, ch. 110A, par. 103(b)), which allows dismissal for failure to exercise due diligence in obtaining service prior to the expiration of the…