Howell Edmunds Jackson

“ We are unable to agree to an interpretation of the federal statute by which a case is not 'commenced' for its purposes unless instituted in a court with power to proceed to final judgment. An action is 'commenced' for these purposes as a matter of federal law when instituted by service of process issued out of a state court, even if one which itself is unable to proceed to judgment, if the state law or practice directs or permits the transfer through change of venue or otherwise to a court which does have jurisdiction to her, try, and otherwise determine that cause. ”