Kuenzer v. Osborn

An automobile accident occurring on November 22,1965, gave rise to this lawsuit. The complaint was filed on November 21, 1968 (one day-before the expiration of the statute of limitations), and plaintiffs sent by certified mail from the post office at Manistee, Michigan, a copy of the summons and complaint to the Muskegon County sheriff’s department. These were delivered to the sheriff on November 23, 1968, one day after the statute of limitations had run. The cause came before the trial court on defendant’s motion for accelerated judgment. The circuit court granted defendant’s motion for…