NELSON v. VAUGHAN


168 S.E.2d 126 (1969)

210 Va. 1

Louvenia L. NELSON v. Robert R. VAUGHAN.

Supreme Court of Appeals of Virginia.

June 16, 1969.


Attorney(s) appearing for the Case

W. V. Rennie, Petersburg, for plaintiff in error, submitted on brief.

Arch Wallace, III, Richmond (Sands, Anderson, Marks & Clarke, Richmond, on brief), for defendant in error.

Before EGGLESTON, C. J., and BUCHANAN, SNEAD, I'ANSON, CARRICO, GORDON and HARRISON, JJ.


PER CURIAM.

The plaintiff's motion for judgment was filed in the clerk's office on November 9, 1965, but process (notice of motion for judgment) was not served on the defendant until September 15, 1966. After hearing evidence, the court dismissed the action on the ground that "the long delay (from November 9, 1965, until September 15, 1966) in service of process on the said defendant was caused by deliberate action and lack of due diligence on the part of the plaintiff...

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