Taglialavore v. Ellerbe

DREW, Judge.

Plaintiff sued for damages to his automobile caused by a collision with defendant’s truck. He alleged the accident occurred on February 2, 1932. He filed this suit on February 1, 1933. Service was not made on defendant until February 23, 1933.

Defendant filed a plea of prescription of one year in bar of the suit, which plea of prescription was sustained by the lower court, and plaintiff has appealed to this court. The case was submitted here on briefs without argument.

Prior to the passage of Act No. 39 of 1932, the law of this state was that, in order to interrupt prescription by…