BLACKWELL v. VANCE TRUCKING COMPANY

Civ. A. No. 4857.

139 F.Supp. 103 (1956)

William H. BLACKWELL, as Guardian ad Litem for Stuart Nerzig, an infant, Plaintiff, v. VANCE TRUCKING COMPANY, Incorporated, Defendant.

United States District Court E. D. South Carolina, Florence Division.

March 5, 1956.


Attorney(s) appearing for the Case

Emil T. Cannon, Florence, S. C., for plaintiff.

H. E. Yarborough, Jr., Florence, S. C., for defendant.


PAUL, District Judge.

In this action, which grows out of a collision between two motor vehicles, the defendant, appearing specially, has filed (1) a motion to set aside the service of the summons and complaint, and (2) a motion to dismiss the action for improper venue.

On casual examination it appears that the first of these motions involves the question as to whether the plaintiff has sued the right person rather than a question as to the validity of service...

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