Fleming v. Hall

LAVENDER, Justice:

On June 18, 1979, plaintiff brought suit against defendant for damages resulting from an automobile accident occurring on July 28, 1978. The original summons was issued on June 18, 1979, to be followed by seven alias summonses, all of which were unsuccessful in getting service on defendant. The two year statute of limitations under 12 O.S.1971, § 95(3rd) expired on July 28, 1980. The eighth alias summons was issued on August 13,1980, and successfully served on August 22, 1980. On August 22, 1980, the trial court sustained a motion to quash the seventh alias summons which had…