Cresswell v. Spokane County

The opinion of the court was delivered by

Dunbar, J.

This case presents the question of whether the. service of summons, together with a copy of the complaint, is a sufficient commencement of an action to stop the running of the statute of limitations. It was raised by respondent’s demurrer to the appellant’s amended complaint. The court held that, although the summons was. served within the time limited by statute for commencing *621this class of actions, yet, as the complaint was not filed in the clerk’s office within such time, the action was barred. Appellants refusing to plead further,…