Penrod v. Sears, Roebuck & Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• mentioning that the plaintiff filed his complaint four days before expiration of statute of limitations
• finding lack of reasonable diligence because plaintiff delayed seven months in obtaining issuance of summons for purposes of serving defendant
• noting a “party to a lawsuit has a nondelegable duty to take all necessary steps to bring his case to a prompt conclusion[,]” including, but not limited to the “duty to see that a prompt and proper return [of service] was made by the sheriff.”
• cause properly dismissed where plaintiff made only minimal efforts to obtain service over a period of seven months
• “It was the plaintiffs duty here to assure that summons was issued by the clerk ***”
• appellate court found the plaintiff failed to exercise due diligence where 9 the plaintiff only made minimal efforts to obtain service over a period of seven months

Source: CourtListener parenthetical corpus (CC0).