Comen v. Miller

JOHNSON, District Judge.

This is a petition and rule thereon to show cause why an alias summons should not be quashed and judgment of non pros entered and the action dismissed on the ground, first, that the present action is barred by the statute of limitations, and, secondly, that there is no legal defendant.

The original puncipe for summons was filed May 7, 1928, and the stateme~at of claim on May 9, 1928. The summons was issued and delivered with the statement of claim to the United States marshal on May 22, 1928. Neither the summons nor the statement of claim was served by the marshal, who…