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Leigh v. Lynton

    Brief Fact Summary.

    Leigh (plaintiff) sued Lynton (defendant) for violations of a lease.

    Synopsis of Rule of Law.

    Under Rule 4 of the Federal Rules of Civil Procedure, to serve a defendant at his usual abode, it must be somewhere that the plaintiff resides.

    Facts.

    Plaintiff sued the defendant alleging he violated the lease the parties executed together. While the plaintiff lived in New York when the lease was made he had moved back to England by the case was brought. His wife was living in a New York hotel, and that is where the defendant served the plaintiff.

    Issue.

    Whether under Rule 4 of the Federal Rules of Civil Procedure, to serve a defendant at his usual abode, it must be somewhere that the plaintiff resides.

    Held.

    Yes. Under Rule 4 of the Federal Rules of Civil Procedure, to serve a defendant at his usual abode, it must be somewhere that the plaintiff resides.

    Discussion.

    While a defendant may be served at his usual abode and the service can be given to a person of suitable age, the usual abode must be somewhere where the defendant resides or keeps his home. Here, the defendant does not nor has ever resided at the hotel where his wife lives. In other similar cases as citied by the defendant, service was valid even if the defendant was served at someone else’s residence, but they still lived there.


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