Livingston v. Treasure County

Plaintiff Violet Livingston appeals from a judgment of the District Court of the Thirteenth Judicial District, Yellowstone County, dismissing her complaint against defendant Treasure County. We reverse and remand.

The sole issue raised on appeal is whether the District Court erred in dismissing the complaint because the return of service was not filed with the clerk of court within three years after the commencement of the action.

On November 27, 1985, plaintiff filed a complaint against defendant, alleging personal injuries due to the negligence of defendant’s employees. Summons was issued on…