Osmus v. Baumhardt

OPINION

By WILLIAMS, J.

Did the court below err in sustaining' this motion? . The action would be barred in two years. §11224-1, GC. The two years expired on October 16, 1932. Under the rule laid down by the Supreme Court in the case of Armbruster, Admr. v Harrison, 116 Oh St, 490, the action was begun within time, provided the service made under the second alias summons was in accordance with law. Under §11231, GC

"an attempt to commence the action shall. be deemed equivalent to its commencement, when the party diligently endeavors to procure service, if such attempt be followed by service…