Garney v. Macfadden Publications, Inc.

CAFFREY, District Judge.

This is a civil action in tort for alleged libel and slander commenced in the Superior Court for Plymouth County, Commonwealth of Massachusetts, and thereafter removed to this Court by defendant upon the basis of diversity jurisdiction.

Plaintiff attempted to effect service of process herein by causing a Deputy Sheriff to leave copies of the writ and summons at the office of the Secretary of State of the Commonwealth of Massachusetts. Service was attempted in this fashion on the theory that the Secretary was the “true and lawful attorney of the defendant” for the…