Conrad v. Ward

The plaintiffs commenced this action on September 9, 1968. That tolled the running of the statutes of limitations for 90 days. The last day on which service could be made on the defendants was December 16, 1968.

Affidavits were filed by the plaintiffs in opposition to the defendants’ motion for summary judgment:(a) Plaintiffs’ attorney swore that on September 9, 1968, he retained Gerald Penfil to attempt to effectuate service on the defendants. Penfil reported to plaintiffs’ attorney that Rex Harmon telephoned him and represented that he was defendant Clarence Ward’s attorney and said that *692Ward…