Whiton v. Morning Journal Ass'n

The action is for libel. It, therefore, had to. be commenced within two years. Code of Civil Procedure, § 384. Upon the publication of the libel set forth in the complaint the statute would have fully run on December 23, 1897, if' an attempt had not been made to commence the action, as provided by section 399 and subdivision 6 of section 438 of the Code of Civil Procedure, by a delivery of the summons to the sheriff on ■ December 22, 1897. That gave the plaintiff sixty days additional time. The sixty days expired February 21, 1898, which, consequently, was the last day upon which to begin…