Seubert v. Buchanan

Brailsford, Justice.

The plaintiff commenced an actio,n in tort against the defendant on January 1, 1960, based upon a cause of action which had accrued on September 1, 1959. This action was stricken from the docket in October, 1962, pursuant to Rule 82 of the Circuit Court Rules. On September 2, 1965, a motion to, restore the case was made by substituted counsel *142and was refused. On September 3, 1965, plaintiff’s counsel left a copy of a summons and of a complaint, based upon the original cause of action, at the defendant’s medical office by shoving these papers under the entrance doo,r. The…