Schultz v. McElroy

Mr. PRESIDING JUSTICE STAMOS

delivered the opinion of the court:

On September 22, 1967 a collision occurred between automobiles operated by John McElroy and Karl Schultz. Selma Schultz, the wife of Karl Schultz, was a passenger in the automobile operated by her husband. In January, 1968 McElroy filed a lawsuit against Schultz for property damage and personal injury. Summons was issued and served. While that lawsuit was pending, the Schultzes filed a separate and distinct action against McElroy on September 22, 1969. Summons was issued, and the sheriff was directed to serve McElroy at 1150…