Legal Opinion

In re McDonald

District Court, D. Hawaii

Decided February 26, 1913Published

In Bankruptcy: Motion for service by publication.

1Opinion of the CourtClemons, J.

[la] On petition of creditors for an adjudication of involuntary bankruptcy, alleging that, by reason of the respondent’s absence from the jurisdiction, personal service of subpoena cannot be made upon him, the question arises as to the form and substance of the necessary order and notice of publication. Bankruptcy act, sec. 18, clause “a,” 30 Stat. 551, as am. 32 Stat. 798.

Mr. Collier’s form No. 121, Collier, Bankruptcy, 9th ed. 1233, is suggested, which reads in substance, after recital of respondent’s absence: “It is ordered: That service of such subpoena be made by publishing this order,…

2Cases cited5 opinions

  1. Corson v. ShoemakerSupreme Court of Minnesota · 1893
  2. Bankers' Iowa State Bank v. JordanSupreme Court of Iowa · 1900
  3. Easton v. ChildsSupreme Court of Minnesota · 1897
  4. Bronson v. KeokukU.S. Circuit Court for the District of Iowa · 1873
  5. Forsyth v. PiersonU.S. Circuit Court for the District of Indiana · 1882

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