Schram v. Holmes

PICARD, District Judge.

The only question involved in this case is this : May a Federal court use its discretion in determining whether or not service of summons nine months after the bill of complaint was filed is valid?

Plaintiff brings suit here on a bank assessment. Complaint was filed May 2, 1939, and the statute of limitations would have barred the action three months later or on *120July 31st. Service of process was made on defendant, Williams, January 29, 1940, almost nine months after filing the bill of complaint and six months after the statute of limitations had elapsed. Defendant lived…