Perkins v. Watertown
U.S. Circuit Court for the District of Western Wisconsin
[Action by Henry Perkins against the city of Watertown.] This was a motion on behalf of the city to dismiss five suits pending, brought on bonds of the city, on the ground of insufficiency of service.
1Opinion of the Court
HOPKINS, District Judge.
In one of the above entitled cases, the summons was served by delivering a copy to the mayor elect before he had accepted or qualified.
In the other cases the summons was served on the city clerk and city treasurer, the marshal returning that there was neither mayor nor acting mayor upon whom he could serve the same.
The defendants now move to set aside the service as insufficient, and appear specially for such purpose only.
The charter of the city authorizes suits to be commenced against it by the service of process upon the mayor, and the question now presented is,…
2Cited by6 opinions
- Glasscock v. HamiltonTexas Supreme Court · 1884
- Oshkosh Water Works Co. v. City of OshkoshWisconsin Supreme Court · 1901
- City of Watertown v. RobinsonWisconsin Supreme Court · 1887
- Castro v. De UriarteDistrict Court, S.D. New York · 1882
- Jewett v. GarrettU.S. Circuit Court for the District of New Jersey · 1891
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