Lamp v. Heyman

OPINION OF THE COURT

EAGEN, Justice.

In this case we are directly confronted for the first time with the important question of whether, in Pennsylvania practice, a plaintiff, whose attorney files a praecipe for a writ of summons to commence an action within the time period permitted by the statute of limitations, instructs the prothonotary to issue the writ but not deliver it to the sheriff for service, and then has the writ reissued and served after that time period has expired, is barred by the statute of limitations from continuing the action.

On September 1, 1967, plaintiff-appellant Frances…