151 F.2d 694 - Mecartney v. Hoover — 151 F.2d 694

How this case has been cited

Cited by 11 later decisions — most recently April 2005

6 federal appellate · 2 district ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Newell Mecartney and William J. Powers, both of Chicago, 111., for appellant.

¶2J. Albert Woll, U. S. Atty., of Chicago, 111., for appellees.

¶3Before EVANS, SPARKS, and KER-NER, Circuit Judges.

¶4PER CURIAM.

¶5Plaintiff sought to sue the defendants, individually, and not as government officials, for damages arising out of an alleged illegal arrest and false imprisonment and for defamation of his character. He attempted to serve the summons and complaint on said defendants by service on the United States District Attorney for the Northern District of Illinois by leaving a copy with the assistant United States District Attorney in Chicago. Both defendants live in Washington, D. C.

¶6Defendants appeared specially and moved to set aside the service.

¶7The court granted their motion.

¶8The Rules and the decisions made the ruling of the District Court imperative. Rule 4 (d) (1) of the Rules of Civil Procedure for the District Courts of the United States, 28 U.S.C.A. following section 723c; Robertson v. Railroad Labor Board, 268 U.S. 619, 622, 45 S.Ct. 621, 69 L.Ed. 1119; Nesbit Fruit Products, Inc. v. Wallace et al., D.C., 17 F.Supp. 141, 143; Blank v. Bitker, 7 Cir., 135 F.2d 962, 965; Title 28 U.S.C.A. § 112(a).

¶9The order setting aside the service is affirmed.