Davis v. Beres

This case comes to us on leave granted to appeal an order of the circuit court denying defendant’s motion for accelerated judgment.

*132The question as agreed upon and stated to us is:

“Must a suit under CL8 1961, § 436.22 (Stat Ann 1970 Cum Supp § 18.993)1 be filed and served within the two year limitation contained in the statute.”

We have caused “served” to he italicized in the quoted question because the parties agree that the complaint was filed within the two-year period, and that a summons and copy of the complaint were promptly delivered to the sheriff for service. The complaint was filed…