Farm Cornn v. Wardell

The defendant moved the present cause to this court from the Circuit Court of the First Circuit of Hawaii, and my associate Judge Dole, on plaintiff’s motion to remand, held, ante, page 601, that the cause was properly here, inasmuch as the defendant was sued for alleged slander uttered by a Federal official acting colore officii in the performance of statutory duties. The defendant now moves to dismiss the case altogether on the ground that he is not a resident of this district where served with process but is, as the complaint itself shows, a resident of the Northern District of California.

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