Wright v. Kroydon Co.

Dungan, C. C. J.

This is an action by a Michigan administrator of the estate of Nellie Wright, whose death is alleged to have been caused by the negligent operation of an automobile which collided with her in the State of Michigan, as the result of which she died November 1st, 1927. The summons and complaint were issued October 31st, 1930, three years, less one day, after the death resulting from the accident.

The complaint was answered and a reply filed on behalf of the plaintiff, both of which raise points of law, which the defendant’s attorney now moves to have determined under rule 40 of…