Fleming v. Malouf

KNIGHT, District Judge.

This is a suit to recover rents received by the defendant exceeding the maximum permitted by law.

Service of the summons was made on one Ira Hovey, an attorney, purported to be an agent for the named defendant.

*57Defendant appearing specially moves to dismiss the action on the ground that proper service of process has not been made. In support of the motion to suppress, the defendant submits the affidavit of such agent in which it appears that the named defendant is temporarily outside of the jurisdiction of this court because of the condition of his health; that…