VENUE-INTERPRETATION OF TITLE 28, UNITED STATES CODE, SECTION 1406(a)

Authors

Nolan W. Carson, University of Michigan Law SchoolFollow

Abstract

A tort action for injuries sustained in Wyoming was commenced in an Illinois state court and removed to the proper United States District Court in Illinois. Defendant interposed the Illinois statute of limitations as a defense. In order to take advantage of the longer Wyoming statute of limitations, plaintiff moved to transfer the suit to the United States District Court for Wyoming under authority of Title 28, United States Code, section 1406(a), providing for the transfer of actions from district courts where venue was improperly laid. The motion to transfer was denied and the, complaint was dismissed. Held, section 1406(a) does not authorize transfer of a suit from a district wherein venue was properly laid. Dismissal affirmed. Riley v. Union Pac. R. Co., (7th Cir. 1949) 177 F. (2d) 673.2

Recommended Citation

Nolan W. Carson, VENUE-INTERPRETATION OF TITLE 28, UNITED STATES CODE, SECTION 1406(a), 49 Mich. L. Rev. 636 (1951).
Available at: https://repository.law.umich.edu/mlr/vol49/iss4/16