Danaher v. Ross

Plaintiff’s decedent was killed in an auto accident August 25, 1931. It is charged in plaintiff’s declaration that defendant’s negligence caused the accident and damages are sought. This suit was started by summons issued June 29, 1934, returnable August 3, 1934. Service of the original summons was not obtained. The three-year period of limitation within which to bring suit (3 Comp. Laws 1929, § 13976, subd. 2) expired August 25, 1934. Return of the original summons was not filed until November 14, 1934, at which time an alias was requested. The alias was issued November 20,1934, but it was…