Marilyn M. Marshall v. Mikel Warwick

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “[L]eaving a copy of the summons at the defendant's place of employment, when the service of process statute requires that the server leave it at the defendant's dwelling, is not valid service of process.”
• “[L]eaving a copy of the summons at the defendant's place of employment, when the service of process statute reWqueisrte vs . tPhaaitg tehe server leave it at the defendant's dwelling, is not valid service of process.”
• “We do not believe this section can ‘resurrect’ a removed diversity case which would have been dismissed as time-barred had it remained in state court.”
• “[R]eceipt of documents is not the same as service of process, and thus, an admission of receipt of documents is not an admission that process was served.” (citation omitted)
• “Because service of process was not made at Warwick's dwelling, delivery of the summons and complaint to Warwick's mother at her place of employment was not valid substituted service of process.”
• “[D]ismissal [is not] invariably 17 required where service is ineffective: under such circumstances, the [district] court has discretion 18 to either dismiss the action, or quash service but retain the case”

Source: CourtListener parenthetical corpus (CC0).