Legal Opinion

Backus & Whiting v. Rogers

New York Supreme Court

Decided August 15, 1811PublishedCited by 3 opinions

SHERWOOD, for the defendant, moved to set aside- . . the proceedings m this cause, for irregularity. The de» fendant is one of the attorneys of thjs court, and the bill i i • , t was served on his agent only,

1Per curiam

When a bill is to be served on an attorne7 as a defendant, it is in the nature of process, and must be served on him personally, or by some other service, which the court may, under the circumstances of the case, regard as equivalent to a personal service. • The motion must, therefore, be granted.

Motion' granted.

2Cited by3 opinions

  1. Carrington v. CallerSupreme Court of Alabama · 1829
  2. Piatt v. OliverU.S. Circuit Court for the District of Ohio · 1840
  3. Fenner v. TuckerSupreme Court of Rhode Island · 1860