Legal Opinion

Modric v. Oregon & N. W. R.

District Court, D. Oregon

Decided September 30, 1938PublishedCited by 4 opinions

1Opinion of the Court

JAMES ALGER FEE, District Judge.

In this case application has been orally made to the court to permit the service of a summons by the Sheriff of Josephine County or any of his deputies. Under Rule 4, 28 U.S.C.A. following section 723c, a summons is- process, and the clerk is directed to deliver it for service to the Marshal “or to a person specially appointed to serve it”. Under subsection (c) of this rule, the service of a summons may be “by some person specially appointed by the court for that purpose” and under sub-section (g) such a person “shall make affidavit” of service.

The court is…

2Cited by4 opinions

  1. Nola Electric Co. v. ReillyDistrict Court, S.D. New York · 1949
  2. Phoenix Mutual Life Insurance v. CerveraDistrict Court, E.D. New York · 1981
  3. Magid v. DeckerDistrict Court, W.D. Wisconsin · 1966
  4. Burroughs Corp. v. Carsan Leasing Co.District Court, D. New Jersey · 1983

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