Pierino v. Miner

By writ, summons and complaint dated August 1, 1956, and served on that day, as appears from the officer's return, the plaintiff brought the within action to recover damages for personal injuries sustained on August 2, 1955, when bitten by a dog alleged to have been owned by the defendant. The writ designates the return day of the action as "the first Tuesday of August, 1956." It has been made to appear that the action was returned to the clerk's office and accepted as if it were a September case, although the jacket of the file lists the action as one brought on the first Tuesday of August,…