McCaffrey v. Dowell

Sheely, P. J.,

The question presented by the stipulation of counsel in this case is whether plaintiffs’ action in trespass is barred by the statute of limitations where, within one year of the date of the accident giving rise to the cause of action, plaintiffs instituted an action against defendant but the writ of summons was not served, or any return made thereto, or any appearance entered for defendant, and the alias writ of summons was not issued and served until two years and five months from the date of the accident. The parties have agreed to the facts and *173have agreed that if the answer…