Case reinstated after trial judge summarily dismissed without investigating allegations of improper service of process
In Pulruss v. Kastaw, the trial judge summarily dismissed the plaintiff's lawsuit after the defendant's identified what they believed to be a falsehood in the process server's claim of attempted service. The Plaintiff attorney attempted to explain what the defendants considered an inconsistency, however, the trial judge refused to allow the explanation. The Court of Appeals found that there appeared to be valid grounds for explaining the inconsistency alleged by the defendants and faulted the trial judge for finding an impropriety and dismissing the case without adequate investigation. The case was reinstated for the trial court to make adequate findings of fact.