Bloom v. Holzhauer

This is an appeal on questions of law from a judgment dismissing the petition after sustaining a demurrer thereto on the ground that it appears on the face thereof that the action was not brought within two years after the alleged injury.

The petition alleges that plaintiff’s injury occurred on February 2, 1957. On January 30, 1959, summons was issued upon the petition to the Sheriff of Ottawa County commanding him to serve Alfred Hohlsauer. On February 3rd the sheriff returned the summons to the clerk of courts and orally advised her that there was no Alfred Hohlsauer but that there was an…