G. & C. Merriam Co. v. Saalfield
Supreme Court of the United States
APPEAL PROM THE DISTRICT COURT OP THE UNITED STATES POR THE NORTHERN DISTRICT OP OHIO. The facts, which, involve the jurisdiction of this court on appeal from the District Court under § 238-, Judicial Code, and the jurisdiction of the District Court to make and enforce a decree based on substituted service of process, are stated in the opinion.
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APPEAL PROM THE DISTRICT COURT OP THE UNITED STATES POR THE NORTHERN DISTRICT OP OHIO. The facts, which, involve the jurisdiction of this court on appeal from the District Court under § 238-, Judicial Code, and the jurisdiction of the District Court to make and enforce a decree based on substituted service of process, are stated in the opinion. Ogilvie was privy to the original suit, and was an actual, although not an ostensible, party thereto, in such a real sense that the decree will be res judicata against him. The District Court erred in declining jurisdiction upon the sole ground that…
1Opinion of the CourtJustice Pitney
This is a direct appeal from the District Court under § 238, Jud. Code, upon the sole question of the jurisdiction of that court to make and enforce a final decree in per-sonam against appellee, George. W. Ogilvie. The decree was founded upon a supplemental bill making Ogilvie a party to a suit already pending, and upon substituted service of process on persons said to represent him as attorneys in the State of Ohio, he being a citizen and resident of the State of New York, and not having been personally served.
The facts are as follows: In December 1908, appellant filed its original bill…
2Cases cited23 opinions
- Covell v. HeymanSupreme Court of the United States · 1884
- Freeman v. HoweSupreme Court of the United States · 1861
- Byers v. McAuleySupreme Court of the United States · 1893
- Krippendorf v. HydeSupreme Court of the United States · 1884
- Wabash Railroad v. Adelbert College of Western Reserve UniversitySupreme Court of the United States · 1908
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