New York, N. H. & H. R. v. Railway Employees' Department

(after stating the fa,cts as above). 1. It appears from evidence produced by the defendants, under special appearance, that service was made upon some twenty of the defendants. The returns made by the officers making such service show that this was done on July 29 and 31, 1922. The subpoenas were duly returned to the court by indorsement and subsequent filing. In each instance such return was timely and within equity rule No. 12 (198 C. C. A. xxii, 115 C. C. A. xxii), cited by defendants. The directions in the subpoenas to the marshal as to what he is to do and within what time he is to do it…