FEDERAL COURTS - FEDERAL RULES OF CIVIL PROCEDURE - STATUTES OF LIMITATIONS - COMMENCEMENT OF ACTION

Plaintiff brought suit on some promissory notes in the federal district court in Michigan. The complaint was filed before the expiration of the six-year Michigan statute of limitations, but although the plaintiff used due diligence he was unable to get personal service on defendant until the statutory period had elapsed. Defendant pleaded the statute of limitations. Both the Michigan and the federal procedures provide that "a civil action is commenced by filing a complaint with the court." Held, that the filing of the complaint tolled the running of the statute and the plaintiff should therefore be allowed to maintain his action.

Schram v. Koppin, (D. C. Mich. 1940) 35 F. Supp. 313.