Scott v. Stockholders' Oil Co.

DALLAS, District Judge.

After the motion to set aside the return of service upon the Dumble Development Company had been granted, counsel for plaintiff applied for a reargument, upon the question of the effect which should be given to the marshal’s return. That application was allowed, and the question mentioned has since been fully argued. I have, however, not been convinced that the order heretofore made should be disturbed. If the only ground of objection taken to the marshal’s return had been that it is untrue in fact, the general rule of practice would be to raise such issue of fact by…