A decision of profound importance to members of the armed forces has recently been handed down by the Supreme Court of the United States, in the case of Boone v. Lightner 63 S. Ct. 1223. This case relates to the right of a person in military service to a stay of court proceedings where he is either plaintiff or defendant (in accordance with Section 201) Soldiers’ and Sailors’ Civil Relief Act of 1940.
The defendant, Major Daniel F. Boone, was at the time the case came up for trial stationed in Washington, D. C., assigned to the International Division, Headquarters Services of Supply, U. S. Army. His attorney invoked the provisions of the Soldiers’ and Sailors’ Civil Relief Act by appearing before the trial court in North Carolina and moving for a continuance. The affidavit submitted by the defendant in support of his motion for a continuance, after reciting the Division to which he was assigned, stated: