Peck

—This action was commenced in the superior court December 12, 3895, against a number of defendants, by the plaintiff, as special administratrix of the estate of Martina Castro Depeaux, deceased, for the purpose of having it declared that they have no interest in or title to the land described in the complaint, and that it belonged to the estate of her intestate, and that she recover possession thereof. It .does not appear from the record, except inferentially, whether a summons was ever issued upon the complaint, or that it was ever served upon either of the defendants; but within ten days after the commencement of the action a demurrer was filed on behalf of several of the defendants. It docs not appear that any action has been taken by the court upon this demurrer. December 19/ 1898, a motion was made on behalf of seveH of the defendants named in the complaint who had not demurred thereto to set aside the summons and the service thereof, and to dismiss the action upon the ground, among others, that the summons had not been returned within three years from the commencement of the action. At the hearing the court granted their motion and dismissed the action, and. the plaintiff…