The action was commenced by the service of a summons upon the defendant on September 24, 1953. On October 9, 1953, defendant appeared in the action by the service of a notice of appearance and demanded the service of a copy of the plaintiffs' complaint. On March 23, 1956, the plaintiffs' attorney served a copy of the complaint but the defendant's attorney returned the complaint on the ground that the service was not timely. Thereafter, on August 10, 1956, the defendant moved...
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