United States ex rel. Kinney v. Bell

ARCHBALD, District Judge.

On December 29, 1902, Robert D. Kinney, the use plaintiff, presented to the defendant, Samuel Bell, clerk of this court, a praecipe signed by himself for a summons in assumpsit against Thomas K. Finletter, Charles B. McMichael, and Henry J. McCarthy; accompanying it with a declaration or statement of his intended cause of action. The parties so named as defendants were, as is well known, the judges at the time of the court of common pleas No. 3 of Philadelphia, against whom it was sought by Mr. Kinney to bring suit in this court in his own behalf. Col. Bell refused to…