Jack A. Smith v. James C. Skakel

Appellant Smith appeals from dismissal of his suit for violation of con tract after service was finally made upon the defendant some nine and one-half years after the cause of action accrued.

Federal jurisdiction in this case is based upon diversity of citizenship and, hence, the Michigan Statute of Limitations of six years is concededly applicable. Mich.Comp.Laws § 600.5807(8) (1963). Appellant, however, contends that since the suit was filed one day prior to the running of the six years, service of process (even three and one-half years later) serves to toll the statute of limitations if…