§657-22  When process not commencement. 
Upon any such matter being established, or upon its appearance in any other way
that any process was issued without any intent that it should be served, the
process shall not be deemed the commencement of an action within the meaning of
this part or section 663-3. [CC 1859, §1045; RL 1925, §2656; RL 1935, §3927; RL
1945, §10438; RL 1955, §241-21; HRS §657-22; am L 1972, c 105, §1(n)]



 



Case Notes



 



  Where plaintiffs never had original complaint, the only
complaint filed within limitations period, served on defendant and had only the
first amended complaint served, despite the fact that original complaint was
never served, actions by plaintiffs evidenced both an intent to serve original
complaint as well as a continuing intent to pursue their cause of action. 848
F. Supp. 1482.