Opinion
[No. 477, September Term, 1970.]
Decided May 10, 1971.
SUMMONS AND PROCESS — Renewal of Process — Duty of Clerk of Court To Reissue Summons Returned Non Est Is Mandatory — Clerk's Duty Not Dependent Upon Request Of Party Seeking Service Of Summons — Maryland Rule 112. p. 62
LIMITATIONS OF ACTIONS — Impetration Of Original Writ Deemed Commencement Of Suit — Action For Personal Injuries Not Barred By Statute Of Limitations Where Action Filed One Day Before It Would Have Been Barred By Applicable Statute Of Limitations But Because Of The Neglect And Omission Of Clerk To Perform His Perfunctory Duty The Summons Was Not Reissued. p. 62
(See opinion 10 Md. App. 439 (1970).)
Certiorari to the Court of Special Appeals of Maryland.
Actions by William L. Seitz against Priscilla R. Piersma and Judith G. Daniels against David R. Beall for personal injuries resulting from motor vehicle accidents. From judgments in favor of the plaintiffs, the defendants appealed to the Court of Special Appeals. The judgments were affirmed by that court in Piersma v. Seitz, 10 Md. App. 439 (1970) and Beall v. Daniels an unreported opinion filed December 30, 1970.
Judgments affirmed with costs.
The cause was argued before HAMMOND, C.J., and BARNES, McWILLIAMS, FINAN, SINGLEY, SMITH and DIGGES, JJ.
Martin H. Freeman, with whom were Sasscer, Clagett, Powers Channing on the brief, for Priscilla R. Piersma, appellant. Frank B. Haskell, III, with whom were Mitchell, Clagett Haskell on the brief, for David R. Beall, other appellant.
Townes L. Dawson for William L. Seitz, appellee and submitted on brief by Russell W. Shipley and Kahler, Shipley O'Malley for Judith G. Daniels, other appellee.
This Court adopts the opinion of Chief Judge Murphy in Piersma v. Seitz, 10 Md. App. 439, and therefore affirms the judgments appealed from.
Judgments affirmed with costs.