WINBORNE, Justice.
This is the basic question raised by defendant, the appellant, on this appeal, and on which decision here rests:
When a summons in a civil action, commenced in Superior Court, is not served upon defendant therein by the sheriff, to whom it is directed, within ten days after the date of its issue, but is later returned by the sheriff with an endorsement thereon that it was served upon defendant on a date more than ten days after the date...
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