Rice

Plaintiff appeals (1) from an order granting a motion to dismiss the action on the ground of unreasonable delay in serving the summons and complaint, and (2) from a judgment for defendant for costs.

This is an action for damages for breach of an oral contract to employ plaintiff to haul milk from Los Angeles to Blythe, California. The complaint was filed on July 10, 1959, and the summons was issued at that time. The summons was not served, but it was returned and filed on September 7, 1960. Also on said September 7, plaintiff filed an amendment to the complaint, changing a date “1957” to “1958.” An alias summons was issued at the time the amendment was filed. Two days thereafter, on September 9, 1960, service of the alias summons and “the complaint” was made on defendant. On September 14, 1960, the alias summons was returned with an affidavit of service thereon. On October 3, 1960, the defendant filed a notice of motion to dismiss the action on the ground that there had been unreasonable and prejudicial delay in the service of the summons and complaint. Also on said October 3, the defendant demurred to the complaint as amended, and made a motion to strike certain allegations from…