Tarbell v. Howard

These actions arise out of an automobile accident in which cars driven by the respective parties came into collision. The accident occurred about October 17, 1936.

In action No. 1 the summons without a complaint was served February 12, 1937. Howard’s attorneys appeared March 5, 1937. The complaint was served by mail March twelfth. Howard’s answer was served April second, though not due.

In action No. 2 a summons and complaint were served March 3, 1937, by mail. The answer was, therefore, due March twenty-sixth, *607which would have been the date of issue in action No. 2 if an answer had been served.