Parker v. Hotchkiss
U.S. Circuit Court for the District of Eastern Pennsylvania
Hotchkiss, the defendant, who resided without this circuit, had been admitted by the court to make defence in a suit between Parker, the present plaintiff, and one Perkins; and he was attending in this city for the purpose of being present at the trial of that case. It was tried at this term, and Parker, having been nonsuited, issued summons on the same day, and served it on Hotchkiss at his lodgings.
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Hotchkiss, the defendant, who resided without this circuit, had been admitted by the court to make defence in a suit between Parker, the present plaintiff, and one Perkins; and he was attending in this city for the purpose of being present at the trial of that case. It was tried at this term, and Parker, having been nonsuited, issued summons on the same day, and served it on Hotchkiss at his lodgings. Mr. Hazlehurst having applied to Judge Kane, who was sitting for the circuit court, to have the service set aside as for a violation of privilege, Mr. Titus, for the plaintiff, contended that…
1Opinion of the Court
KANE, District Judge.
It is said that the practice of this court, since the decision in Blight v. Fisher [supra], in 1809, has been uniform to discharge in such cases as this, from arrests under capias, but not to set aside the service of a summons. I confess that I have never apprehended the reason of this distinction, and when it was pressed upon me by the counsel for the plaintiff, I did not disguise my reluctance to accede to it. My instinctive respect for all the opinions expressed by Judge Washington, alone made me hesitate.
The privilege which is asserted here is the privilege of the…
2Cases cited2 opinions
- Hayes v. ShieldsSupreme Court of Pennsylvania · 1797
- Miles v. M'CulloughSupreme Court of Pennsylvania · 1803
3Cited by35 opinions
- Stewart v. RamsaySupreme Court of the United States · 1916
- Matthews v. . TuftsNew York Court of Appeals · 1882
- Brooks v. StateSupreme Court of Delaware · 1911
- United States v. SanbornU.S. Circuit Court for the District of Massachusetts · 1886
- Higgins v. California Prune & Apricot Growers, Inc.Court of Appeals for the Second Circuit · 1922
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