State v. Superior Court

JACOBSON, Presiding Judge.

In this special action, petitioners, the State of Arizona and State of Arizona Highway Commission, urge that the respondent trial court exceeded its jurisdiction in denying petitioners’ motion to dismiss the complaint therein on the grounds contained in Rule 6(f), Rules of Civil Procedure, 16 A.R.S., the summons not being served within one year from the date of filing the complaint.

The complaint was filed by Eugene and Margaret Ishler, respondents and real parties in interest, in the Superior Court on June 17, 1969, one day before the expiration of the applicable two…