Wood v. Peerey

The question is, What action constitutes the beginning of a suit on a promissory note as will stop the running of the six-year statute of limitation, section 2292, Code of 19301

Appellee sued appellants in the circuit court of Al-corn county on a promissory note for $500. The note was due on November 15, 1930. The right to sue, therefore, accrued on November 16, 1930, and expired six years thereafter. The declaration was filed on November 14, 1936. Appellee requested the circuit clerk to issue summons at once. The clerk failed to do so, but delayed the issuance until November 18, 1936. It was…