Knapp v. Mosier

This is an appeal from a circuit court, order of September 4, 1962, of dismissal which was entered on the same day the trial court set aside a *253default filed by defendants against appellant for failure to file a declaration within 15 days of issuing of summons. The dismissal was on the ground that said cause of action was then barred by the 3-year statute of limitations for tort actions.

Summons issued and was served on defendants in this lawsuit on March 16, 1962. The applicable statute of limitations would have barred the cause of action on March 18, 1962. The appearance of appellees’…