Background of The Case
On February 6, 1963, petitioner, a citizen of Ohio, filed her complaint in the District Court for the District of Massachusetts, claiming damages in excess of $10,000 for personal injuries resulting from an automobile accident in South Carolina, allegedly caused by the negligence of one Louise Plumer Osgood, a Massachusetts citizen deceased at the time of the filing of the complaint. Respondent, Mrs. Osgood's executor and also a Massachusetts citizen, was named as defendant. The Massachusetts rule at the time required personal service of process on the executor of an in-state defendant, while Fed. R. Civ. P. 4 (e)(2)(b) required only that service be made on a competent adult at the residence of the defendant. The plaintiff left process at the residence of the executor, and so complied with the federal rule but not the state rule. The District Court granted summary judgment to the executor for the plaintiff's failure to make adequate service of process, ruling that the state rule applied based on the Supreme Court's prior precedents. The United States Court of Appeals for the First Circuit affirmed.
Read more about this topic: Hanna V. Plumer
Famous quotes containing the words background of the, background of, background and/or case:
“Pilate with his question “What is truth?” is gladly trotted out these days as an advocate of Christ, so as to arouse the suspicion that everything known and knowable is an illusion and to erect the cross upon that gruesome background of the impossibility of knowledge.”
—Friedrich Nietzsche (1844–1900)
“Pilate with his question “What is truth?” is gladly trotted out these days as an advocate of Christ, so as to arouse the suspicion that everything known and knowable is an illusion and to erect the cross upon that gruesome background of the impossibility of knowledge.”
—Friedrich Nietzsche (1844–1900)
“... every experience in life enriches one’s background and should teach valuable lessons.”
—Mary Barnett Gilson (1877–?)
“Oh, that I knew where I might find him, that I might come even to his dwelling! I would lay my case before him, and fill my mouth with arguments. I would learn what he would answer me, and understand what he would say to me. Would he contend with me in the greatness of his power? No; but he would give heed to me. There an upright person could reason with him, and I should be acquitted forever by my judge.”
—Bible: Hebrew, Job 23:3-7.
Job, of God.