Frederick County Circuit Court October 17, 1986, Case No. (Chancery) C-85-156 (Rosenquist v. Rosenquist)

By JUDGE ROBERT K. WOLTZ

The issue argued yesterday in this case involves the application of Rule 2:4, Rules of the Supreme Court, and more specifically the last paragraph of that Rule, which reads:

No decree shall be entered against a defendant who was served with process more than one year after the institution of suit against him unless the court finds as a fact that the plaintiff exercised