Eli Witt Cigar & Tobacco Co. v. Somers

Summons issued on April 26, 1924, pursuant to praecipe filed by plaintiff, defendant in error here, naming the "Eli Witt Cigar Company, a corporation," defendant. John M. Carlisle, being personally served with process, appeared "specially," and on June 2, 1924, moved to quash process upon the ground that he had no connection with the party named as defendant. Without any action on or apparent attention to the motion to quash, plaintiff, on July 7, 1924, filed his declaration for personal damages naming the same defendant. On January 3, 1927, some two and one-half years thereafter, plaintiff…