Kenner v. Schmidt

McAllister, j.

The plaintiff appeals from a judgment which dismissed his action for damages on the ground that it was not commenced within the time limited by law. The case involves the interpretation of ORS 12.030, which provides when an attempt to commence an action is equivalent to the commencement thereof.

Plaintiff’s cause of action against defendant for damages for personal injuries accrued on June 8,1962. The two-year statute of limitations applied. ORS 12.110. The complaint in this action was filed on June 2, 1964, with the county clerk of Wasco county, in which defendant resided. On…