McNeal-Edwards Co. v. Frank L. Young Co.

ANDERSON, Circuit Judge.

I am unable to agree that there was no jurisdiction under G. L. Mass. e. 227, §§ 2 and 3. Service on the attorney of the Me-Neal-Edwards Company in a suit where, admittedly, the executions could be set off against each other, seems to me a valid service. The present decision is entirely inconsistent with the well-considered opinion of District Judge Francis Lowell in Arkwright Mills v. Aultman & Taylor Co. (C. C.) 128 F. 195, a decision in 1904. The same case was before this court on the merits in 145 F. 783.

In Huntington Mfg. Co. v. Bradford Worsted Spinning Co., in a…