Kreiss

The appeal in this case is from a judgment dismissing the action on motion of plaintiff on the ground that there had been an unreasonable delay in service of the summons. The action was commenced November 11, 1889, and summons was issued on the same day, but was not served on defendant until October 12,1891. Upon the hearing of the motion it was shown that the defendant’s places of business and residence were well known, and that he could have been found at any time, except on three occasions, when he was temporarily away from the city; that he had repeatedly conversed with-the attorney for the plaintiff after the commencement of the action. The counteraffiadvits of plaintiff show that the plaintiff delayed the service of the summons because he desired not to put the defendant to the expense and annoyance of a trial, or even answering in the case; that all the matters involved in this action had been the subject of arbitration between the parties, which had resulted in an award and judgment in favor of the defendant; that if said award shduld stand, it would finally dispose of all the matters in dispute between the parties, but on motion of the plaintiff it bad been held to be…