Davis v. Lunceford

Lewis, Chief Justice:

This action was instituted by service of a summons, without a complaint. The question to be decided is whether the lower court erred in refusing to dismiss the summons for failure, after demand, to timely serve the complaint.

Section 15-13-230, S. C. Code of Laws, 1976, permits the service of a summons without a complaint, but requires that the complaint be served upon demand. This section states:

*578A copy of the complaint need not be served with the summons .... But if a copy of the complaint be not so served the summons must state where the complaint is or will be filed,…