Kyes v. Pisco

On December 20, 1967, plaintiff instituted suit against defendant for damages arising out of an automobile accident which occurred on December 24, 1964.1 On or about December 22,1967, a copy of the complaint was delivered to a clerk in the circuit court commissioner’s office who, in addition to his official duties as clerk, also served complaints and summonses to supplement his income. The clerk, acting as process server for plaintiffs attorney, served the complaint on defendant on December 30, 1967. Defendant moved for, and was granted, an accelerated judgment inasmuch as the pertinent…