Gosnell v. Whetsel

Terry, Chief Justice.

On November 4, 1959, plaintiff began Civil Action No. 1255, 1959, against defendant for injuries allegedly sustained as the result of a motor vehicle accident on No^ vember 12, 1958. At this time, the applicable statute of limitations governing personal injury actions Was- one year. Following two unsuccessful attempts- to effect service of process, service was purportedly made on April 26, 1960, by leaving a copy at the residence of defendant’s grandmother, which was described in the Sheriff’s return as the defendant’s usual place of abode.

On May 11, 1960, defendant filed…