Taylor v. Southern Ry. Co.

LINDLEY, District Judge.

Plaintiff began this suit by p-raseipe and declaration on July 30, 1930. Thereupon summons issued, returnable to the September term, 1930, held in Danville on the first Monday of September. For some reason not appearing in the record, the summons was not delivered to the marshal until August 29, 1930. The then marshal returned it unexecuted, saying that it was received in the marshal’s office August 29,1930, too late for service for the September term. Thereafter no summons was issued until on the 20th day of January, 1934, at the request of counsel for plaintiff,…