Boatman v. Thomas

OPINION

MUIR, District Judge.

This case arises out of an automobile accident in Pennsylvania in which the Defendant, a New York resident, was involved. Suit was instituted against the Defendant under the name of Dann G. Thomas. His name actually is George Thomas Dann. The United States Marshall mailed the summons and complaint to the Secretary of the Commonwealth as agent for the Defendant, and to the Defendant under the misnomer. The postal receipt was executed by “Mrs. George M. Dann” on behalf of the Defendant.

Defendant moves to dismiss under Rule 12(b) (5), Fed.R.Civ.Pro., on the ground…