
    
      Oakland Oircuit.
    
    H. FRANK MESSENGER vs. ELIAS GUSTIN and JOHN JOHNS, Partners, &c.
    
      Assumpsit on Open Account.
    
    Suits commenced by Narr, are not commenced till the date of the service thereof.
    On March 23, 1881, declaration as commencement of suit was filed and ruled to plead entered, and declaration delivered to the sheriff, who personally served the same March 29, 1881. On the same day the appearance of Johns was entered; also his plea and notice of the statute of limitations.
    March 25, 1875, was the date of the last item in the account sued on.
    The case coming up for trial, the Court, Gaskill, J., dismissed the suit as to defendant Johns, holding that the debt was barred before the suit was commenced.
    (Dec. 1, 1881.)
    
      Taft & Smith for Plaintiff.
    
      Thomas J. Davis for Defendant.
     