Scully v. Giessen

Plaintiff Mary Jane Scully was injured in an automobile accident on October 27, 1959.

On October 4, 1962, plaintiff’s attorney filed a declaration and original summons with a return date of November 4, 1962. The constable was unable to effectuate service within the allotted time and the attorney instructed the officer to extend the return date and take advantage of the full 90 days allowed for service of process.* Contrary to these instructions, the officer did not extend the return date and filed his return of nonservice of process on December 13, 1962.

On January 10, 1963, the attorney became…