United States v. Scudder

CAMPBELL, District Judge.

This is a motion to vacate and set aside what is alleged to bo an attempted service of the summons in this acüon on the defendant Marvyn Scudder, individually and as one of the executors of Moses L. Scudder, deceased, to quash the marshal’s return thereon, and to dismiss the complaint on the ground that the court never acquired jurisdiction over the defendant Marvyn Scudder, in that the action was not begun as prescribed in section 1320 of the Revenue Act of 1921 (Comp. St. Ann. Supp. 1923, § 637⅘i).

Moses L. Scudder, the deceased, departed this life on the 29th day of…