Wiener v. Gemunden

Opinion by

Jacobs, J.,

Marilyn Wiener, wife of Abba Wiener, was injured in an automobile accident on February 23, 1969. On February 22, 1971, within the 2-year statute of limitations, Abba and Marilyn Wiener, the appellees, filed a writ of summons in trespass against Anna R. Gemunden, the appellant, and Mario Caceres. The filing fee of |15.50 was paid, but since the appellees failed to pay the sheriff’s fee there was no service upon appellant. The writ of summons was reissued on November 9, 1971. This time the sheriff’s fee was paid, and the writ was served upon the appellant the following day.…