FEDERAL PROCEDURE-REMOVAL OF CAUSES-MEANING OF RECEIPT BY DEFENDANT WHEN SERVICE IS ON A NONRESIDENT MOTORIST

As a result of an automobile accident in Missouri, the plaintiff, a resident of Missouri, brought a damage action in Missouri against the defendant, a resident of Illinois. Service was had on the defendant by serving the Secretary of State of Missouri and sending notice by registered mail to the defendant, pursuant to the Missouri nonresident motorist statute. Service was received by the Secretary of State on January 13, 1951, and notice was received by the defendant on January 20, 1951. The defendant removed the cause to the federal district court on February 9, 1951. The plaintiff moved to remand on the ground that the petition for removal was untimely, having been made after the twenty day period allowed for removal by section 1446(b) of Title 28 U.S.C. Held, the petition was timely as the twenty day period is to be measured from receipt by the defendant of the notice, and not from the time of service on the Secretary of State. Welker v. Hefner, (D.C. Mo. 1951) 97 F. Supp. 630