District of Columbia Court of Appeals

Morfessis v. Marvins Credit, Inc.

December 12, 195077 A.2d 178

Summary

The court held that service of process was invalid because the appellant's secretary was not shown to have been expressly appointed to receive service of process. The appellant did not waive the objection by answering and defending on the merits, and satisfaction of the judgment by execution did not render the appeal moot. The judgment was reversed with instructions to quash service.

Holding

  • Validity of service of process. Service was invalid because the appellant's secretary was not an agent authorized by appointment to receive service of process.
  • Waiver and mootness. The appellant did not waive a properly presented objection to service by defending on the merits after the objection was overruled, and involuntary satisfaction of the judgment did not render the appeal moot.

Docket 982

Cited authorities

  • rule 4(c)
  • Rule 4(c)
  • Rule 12(b)
  • Fed. R. Civ. P. 4(d)
  • Fed. R. Civ. P. 4(d)
  • Fed. R. Civ. P. 12(b)

Cited by