Hekla Insurance v. Schroeder

The suing out of a summons is, undoubtedly, the commencement of a suit; but, as was held by the court of errors of New York, in Jackson v. Brooks, 14 Wend. 649, “A writ is not considered as legally sued out until it is delivered to the sheriff, with authority to serve it on the defendant, if he can be found within his bailiwick, or placed in his office, or transmitted to him for the purpose of being served.” Mr. Angelí, in his treatise on Limitations, says: “ The general rule appears to be in this country that, at the time of suing out the writ the action commences; and either when the writ…