Sylvester v. Messler

KAESS, District Judge.

Plaintiff has alleged that she sustained injuries in an automobile accident that *2occurred near Palm Beach, Florida, on February 17, 1961, and defendant has moved to dismiss on the ground that plaintiff’s claim is barred by the Michigan statute of limitations. The complaint was filed on February 14, 1964. However, the summons and complaint were not placed in the hands of the United States Marshal for service until March 12, 1964. Instead, plaintiff’s attorney attempted to serve the summons and complaint himself. It is conceded that the attempt was made without having…