Kuenzer v. Osborn

On the day before the statute of limitations expired, the plaintiff commenced this action in the Manistee County Circuit Court and mailed a copy of the complaint and summons to the sheriff of Muskegon County where the defendant was a resident. Two days later (i.e., after the expiration of the limitations period) the summons and complaint were received by the Muskegon County sheriff and on the same day they were personally served upon the defendant.

RJA § 5856 (3) 2 provides that the statutes of limitations are tolled for a period not longer than 90 days when the complaint is filed and a copy…