FESS, J.
This is an appeal on questions of law from a judgment of the Common Pleas Court quashing service of summons upon the defendant, a minor.
On May 4, 1956, an automobile in which plaintiff was sitting was struck by an automobile operated by the defendant, a 17 year-old minor. On May 2, 1958, plaintiff filed his petition against the defendant together with praecipe for service, as follows:
"Please issue summons to the Sheriff of Wood County, Ohio...
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