Eves v. Duda

Defendant appeals by leave granted from trial court’s denial of defendant’s motion to dismiss.

Plaintiff commenced this action to recover for personal injuries allegedly suffered because of defendant’s negligence in an automobile collision on April 11, 1959. Plaintiff filed a praecipe for summons and had an original summons issued on April 9, 1962. He immediately placed it in the hands of the sheriff for service. The return date on the original summons was May 29, 1962. No service was obtained before the return date.

Plaintiff’s attorney allegedly attempted to contact the officer who had the…