Dusminski v. Ladenheim

BYERS, District Judge.

This is a motion by defendant to dismiss the action or in the alternative for an order quashing the return of the service of the summons, for alleged defective service. The action is to recover damages for personal injuries caused by the nonresident defendant’s automobile on a public highway.

The affidavit of service of the summons recites that the affiant, being over the age of eighteen years, on December 1, 1941, “served a copy of the within summons and complaint upon the defendant herein, Edward L. Ladenheim, by registering a copy with prepaid postage on the envelope…