United States v. Ziegler Bolt and Parts Company, Defendant/cross-Appellant

How courts have described this case

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

• noting that “[a] party [ ] cannot fabricate [ ] implied authority [to accept service of process as an agent] from whole cloth to cure a deficient service, but must present facts and circumstances showing the proper relationship between the defendant and its alleged agent”
• “The mere relationship between a defendant and his[, her, or its] attorney does not, in itself, convey authority to accept service.”
• “The mere relationship between a defendant and his attorney does not, in itself convey authority to accept service.” (citations omitted)
• “A defendant may waive such affirmative defenses by actively litigating the suit, even where the defenses are properly included in the defendant’s answer.”
• defendant’s assertion in his answer that the complaint was ‘barred because of insufficient service of process’ was adequate to preserve the defense at the outset
• “Even where an attorney exercises broad powers to represent a client in litigation, these powers of representation alone do not create a specific authority to receive service.”

Source: CourtListener parenthetical corpus (CC0).