Fletcher v. Weiss

On December 30,1933, plaintiff began an action for personal injuries, claimed to have been suffered on January 1, 1931, against defendant by issuance of a summons returnable on or before March 28, 1934. No return was made until October 10,1934, when the deputy sheriff filed a return dated October 6, 1934, stating that after diligent search and inquiry, he was unable to find the defendant. The record shows no excuse for the unreasonable delay in making the return more than six months after the return date.

On October 10, 1934, another summons, in form an original, was issued and served. On…