Viars v. Surbaugh

STIFTEL, President Judge.

Rule 12(b), Del.C.Ann., motion to dismiss complaint because of plaintiff’s failure to pbtain timely alias writ and for failure to properly comply with non-resident motor vehicle statute. Defendant contends, first, that since plaintiff did not comply with Superior Court Civil Rule 4(a), 1 her action died. Additionally, defendant claims that plaintiff’s eventual attempt as service under the non-resident motorist statute, 10 Del.C. §§ 3112, 3113, was ineffective. Under either theory, defendant claims any attempt to reactivate the claim is now barred by the running of the…