Whittinghill v. Smith

VANCE, Judge:

The question is whether a summons issued by a circuit court clerk and held by her at the express direction of plaintiff’s counsel tolls the running of the statute of limitations.

Appellant’s action for damages for personal injuries was filed on the 365th day *650following a motor vehicle accident. Settlement negotiations were under way and appellant’s counsel directed the clerk to hold the summons and not deliver it to the sheriff for service.

In compliance with this instruction, the clerk held the summons from May 13, 1975, the date of issuance, until July 30, 1975, when appellant’s…