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271 F.2d 504

Docket No. 14826.

Nelson v. Swift

District of Columbia Circuit Court of Appeals

Argued Sept. 17, 1959.

Decided Oct. 15, 1959.

District of Columbia Circuit Court of Appeals · decided 1959-10-15

2 counsel of record

Key passage — most relied on by later courts

“The phrase 'by law' refers to statutory provisions for substituted service”). There are other methods of proper service, such as “delivering a copy of the summons and of the complaint to the individual personally,” Fed. R. Civ. P. 4(e)(2)(A), or “leaving a copy of each at the individual's dwelling or usual place of abode with someone of suitable age and discretion who resides there,”

quoted by 1 later decision, including Pollard v. District of Columbia

Relies on Schwarz v. Thomas · United States v. Sidotti

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1959-10-15

How this case has been cited

Cited by 14 later decisions — most recently August 2012

5 federal appellate · 3 district · 4 state decisions

501959196019701980199020002010decided

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.

View the full empirical analysis of this case →

¶1*505Mr. Earl H. Davis, Washington, D. C., for appellants.

¶2Mr. Justin L. Edgerton, Washington, D. C., with whom Messrs. Charles E. Pledger, Jr., Randolph C. Richardson, and John F. Mahoney, Jr., Washington, D. C., were on the brief, for appellee.

¶3Before Edgerton, Bazelon and Washington, Circuit Judges.

¶4PER CURIAM.

¶5This appeal is from an order quashing service of process. The complaint says appellant, the tenant of an apartment in a building located in the District of Columbia and owned by appellee, was injured by a fire caused by defective wiring etc. of which appellee had notice. Ap-pellee was not in the District of Columbia, and the summons was served on an agent she had employed “to manage and maintain the apartment building . . . and collect and account for the rents”. According to the agent’s undisputed affidavit the appellee had not authorized him, in writing or orally, to accept or receive service of process on her behalf.

¶6The District Court rightly quashed service. Rule 4(d) (1) of the Federal Rules of Civil Procedure, 28 U.S. C.A., upon which appellant relies, provides that service may be effected upon an individual by delivering a copy of the summons and complaint to “an agent authorized by appointment or by law to receive service of process.” Appellee’s managing agent was clearly not authorized by “appointment”, for “any agent who accepts service must be shown to have been authorized to bind his principal by the acceptance of process Schwartz v. Thomas, 1955, 95 U.S.App.D.C. 365, 368, 222 F.2d 305, 308. Nor was the managing agent authorized “by law”. The phrase “by law” refers to statutory provisions for substituted service. See 2 Moore, Federal Practice (2d Ed.) 4.12. Many states have statutes authorizing substituted service upon a non-resident property owner for private civil actions arising out of the property. Whether such a statute should be enacted for the District of Columbia is a matter which might well receive the consideration of Congress.

¶7Affirmed.

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