Yeager v. Mellus

Plaintiff: filed a declaration, with notice to plead indorsed thereon, to recover damages for libel, and 100 days later caused service of a copy of the declaration and notice to plead, to be made on defendant. Defendant made a motion to quash the service because of claimed discontinuity of the suit, and to dismiss the case as barred by the statute of limitations. From an order denying his motion, the defendant appeals.

Plaintiff: claims that where a declaration with notice to plead is filed, there is no limitation established within which service must be made except the statute as to dismissal…