Michigan Ins. Bank v. Eldred
130 U.S. 693 (1889)

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U.S. Supreme Court

Michigan Ins. Bank v. Eldred, 130 U.S. 693 (1889)

Michigan Insurance Bank v. Eldred

No. 239

Argued April 5, 8, 1889

Decided May 13, 1889

130 U.S. 693

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE EASTERN DISTRICT OF WISCONSIN

Syllabus

Even before the Act of June 1, 1872, c. 255, a provision in a state statute of limitations of personal actions that a service of the summons, or its delivery to an officer with intent that it should be served, should be deemed a commencement of the action or equivalent thereto, was applicable, like the rest of the statute, to an action in the circuit court of the United States.

A provision in a statute of limitations that a delivery of the summons to an officer with the intent that it shall be actually served shall be deemed equivalent to the commencement of the action is satisfied if the summons made out by the clerk, pursuant to the attorney's direction, is placed by the clerk in a box in his office, designated by the officer, with the clerk's assent, as a place where processes to be served by him may be deposited and from which he usually takes them daily.

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