Cox v. J. M. Tanaka, Inc.

OPINION OF THE COURT BY

MIZUHA, J.

Plaintiff-appellant, William M. Cox, filed bis complaint on July 15, 1958, against defendant-appellee, J. M. Tanaka, Incorporated, alleging that be was injured on July 18,1956, as a result of tbe negligence of tbe defendant corporation.

According to tbe return on file, service of tbe complaint and summons was made on defendant, J. M. Tanaka, Incorporated, on July 15, 1958. Thereafter, defendant, J. M. Tanaka, Incorporated, in its answer alleged in part:

“This defendant affirmatively alleges that on or about July 18,1956, it was not in existence; that J. M.…