Darnell v. Chrysler Corp.

It seems to me the sole issue presented on appeal is whether the action against Holley Carburetor was “commenced” within two years within the meaning of 12 O.S. §§ 97, 151 and 155, pertinent parts of which are as follows:

Sec. 97. “An action shall be deemed commenced, ... at the date of the summons which is served on (each defendant).... An attempt to commence an action shall be deemed equivalent to the commencement thereof, ... when the party faithfully and diligently endeavors to procure a service; but such attempt must be followed ... if service is sought to be procured by mailing, by a…