Cox v. Quigley
United States District Court for the District of Maine
141 F.R.D. 222 (D. Me 1992)
Joseph Quigley (defendant) grew up on Cayuga Heights Road in Ithaca, New York. Quigley attended college in Maine. Subsequently, Quigley’s parents moved to a house on Iradell Road in Ithaca, without a bedroom for Quigley. Quigley spent the summer there, but slept on a cot in the basement. Quigley then joined the Military Sealift Command and spent much of his time at sea. Quigley changed his address to his grandparents’ address in Florida. Quigley voted and filed income tax returns in Florida. In June of 1988, Cox (plaintiff), acting through her lawyer, tried to serve process on Quigley at his parents’ house on Iradell Road. Quigley’s father refused to accept service and informed Cox’s lawyer that Quigley did not live there. Cox’s lawyer again attempted to serve Quigley by having the sheriff leave process with his father and mailing a copy to the house, pursuant to [current Federal Rule of Civil Procedure (FRCP) 4(e)(2)], which allows for service by leaving process with an adult residing at the defendant’s usual place of abode. The father’s lawyer returned service, indicating that Quigley’s father would not accept service on Quigley’s behalf. Quigley did not appear, and default judgment was entered against him. Quigley moved to have the default vacated, alleging that the court lacked personal jurisdiction over him due to inadequate service. Quigley himself was not a credible witness regarding his residence in June 1988. Though not relevant to that determination, there was evidence that after that date, Quigley continued to maintain a New York driver’s license; transacted business using the Iradell Road address; had his mother manage his affairs from New York; and when not on the ship, split his time between the homes of his parents in New York, grandparents in Florida, sister in Maine, and other locations.
Rule of Law
Holding and Reasoning (Hornby, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.