Legal Opinion

Fowler v. Anderson

Michigan Court of Appeals

Decided July 28, 1970No. Docket No. 7,453Published

1Opinion of the CourtLevin, J.

The trial judge found that plaintiffs’ claims were barred by the statute of limitation and entered an accelerated judgment dismissing their complaint. We affirm.

Plaintiffs’ claims arise out of an automobile accident on July 4, 1965. They commenced this action on April 19, 1968, well within the three-year limitation period.* 1 2Efforts to serve the defendants were unsuccessful until October 3,1968 when, pursuant to the authority provided in GCR 1963, 105.8, an order permitting substituted service was entered by the court.2 The defendants were served later that day.

*406October 3, 1968 is 91 days…

2Cases cited7 opinions

  1. Troy W. Maschmeyer Co. v. HaasMichigan Supreme Court · 1965
  2. Brown v. PorterMichigan Court of Appeals · 1968
  3. Buscaino v. RhodesMichigan Court of Appeals · 1970
  4. Sera v. EberleinMichigan Court of Appeals · 1968
  5. Anderson v. BaughmanMichigan Supreme Court · 1859

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