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PIERSMA v. SEITZ BEALL

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).)

PER CURIAM.

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.

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PIERSMA v. SEITZ
(May 10, 1971)