Lake v. Lietch

DOOLIN, Justice.

The issue involved in this appeal is the validity of service in a wrongful death action where the action was filed within the two year statute of limitations of 12 O.S.1971 § 1053 but service was not had within that time.

On January 7, 1971, plaintiffs’ son was struck and killed by an automobile driven by defendant, an Arkansas resident. The present action for wrongful death was filed on December 11, 1972. Summons was issued but the return was held to be defective and service quashed by the trial court on February 7, 1973, one month after the statute of limitations under § 1053…