Desch v. Carnutt

The opinion of the court was delivered by

Price, J.:

These consolidated appeals arise out of an action to recover for personal injuries sustained in an automobile collision. Judgment was entered for plaintiff, and defendant has appealed.

Basically, the decisive question involved is whether, under all of the facts and circumstances of record, the trial court erred in proceeding to hear the case and in entering judgment.

The collision occurred on August 27, 1956. The petition was filed on April 28, 1958. Service of summons was made by a deputy sheriff. A motion to quash the service was denied.…