Stuber v. Schuartz

The plaintiff procured an order of arrest against the defendant, under the name of August Schuartz, in an action for a malicious libel upon the character of the plaintiff,- and his patent process of making beer. The libel was published by the defendant in a newspaper called The American Brewer, printed in the German language. '

The defendant now moves to set aside the service of the summons, complaint and order of arrest, upon the ground that the service was made upon Anton Schuartz, a person not named or described as defendant in the action. It is conceded that the person served with process…