Emanuel v. Richards

CLEMENS, Commissioner.

Both the magistrate and circuit courts dismissed plaintiff’s petition for failure to commence his action within the five-year statute of limitations, and he appeals. The issue: Although filing suit and issuance of summons usually tolls a statute of limitation, did the plaintiff’s nine-month delay in having an alias summons served on the defendant amount to such a lack of diligent prosecution as to revive the statute of limitations? We say no.

Plaintiff’s cause of action accrued March 13, 1961, when the defendant rear-ended his car. Plaintiff filed his statement in the…