Donahey v. Mattox

Opinion by

Jacobs, J.,

This appeal presents the issue of whether the filing of a praecipe by a plaintiff who unintentionally fails to pay the sheriff’s fee, without which the sheriff would not serve the writ of summons on the defendant, is a commencement of an action which tolls the statute of limitations. We find no deliberate attempt on the part of the plaintiffs to prevent service and, therefore, hold that the action was commenced by the filing of the prae-cipe which tolled the statute of limitations for another 2-year period.

On July 1, 1970, an accident occurred in which the minor plaintiff…