Dunlap v. Stetson

STORY, Circuit Justice.

I do not think it necessary to go over the pleadings at large in this case, but shall content myself with an exposition of those facts only, which bear upon the main points suggested at the argument

The first point raised is, whether the suit itself can be maintained, the defendant being a citizen of Massachusetts, and not resident in Maine, and the subpoena having been served upon him in the state of Massachusetts. The exception has been taken by way of plea to the jurisdiction, and has also been relied on in the answer, and must of course now be disposed of, before we…