Moser v. Greyhound Lines, Inc.

Nothing in the record discloses any “vagaries of the U. S. Postal Service.” The record shows the summons and complaint were served on defendant’s agent at 8:35 a.m. on August 10, 1972. However, the complaint was not filed in Salem until 1:05 p.m. on August 10,1972.

This case turns on the construction of the following two statutes:

ORS 12.030:

“An attempt to commence an action shall be deemed equivalent to the commencement thereof, *287within, the meaning of this chapter, when the complaint is filed, and the summons delivered, with the intent that it be actually served, to the sheriff or other…