Kessler v. Emmel

This action was brought to recover damages resulting from an automobile accident which is conceded to have occurred on December 11, 1942. Hearings were held by the court on motions made by the parties, by the clerk of the court, and by the officer who served the writ, directed to alleged errors and irregularities in the date of the writ and in the date of service as shown by the return thereon. It is not necessary to consider each of these motions.

After the other motions had been disposed of the defendant moved for judgment, and the court adjudged that the plaintiff’s cause of action was…