Halpert v. Appleby

DIMOCK, District Judge.

Defendant Appleby moves to dismiss the complaint as against him on the ground that he was not personally served with the summons. He swears that it was left by the marshal with the receptionist in the office where he is employed and by her delivered to him. Plaintiff relies solely on the return of personal service by the deputy marshal. I am thus faced with the necessity of judging the relative weight of the official return and the defendant’s denial.

The question is an important and difficult one on which the parties have submitted no authorities.

It would be highly…