State Accident Fund v. Catsman Co.

The question is, as defendant says, whether “circumstances surrounding the presentment of a copy of the summons and complaint” to the sheriff’s office by plaintiff’s counsel, “as disclosed by the affidavits,” were sufficient to toll the 3-year statute of limitations.

The cause of action arose out of an accident occurring June 6, 1960, in Midland county. On June 6, 1963, plaintiff’s counsel filed a complaint in the Midland circuit and summons was issued. Defendant’s address was alleged to be in Midland. On the same date of filing, plaintiff’s counsel took a copy of the complaint and summons to…