Sawyer v. Gill
U.S. Circuit Court for the District of Maine
This was a bill in equity [by Frederic W. Sawyer against Charles T. Gill], filed November 18th, 1846, with a view to enjoin the defendant against proceeding in another suit to obtain judgment and enforce his attachment of certain goods, seized on mesne process in that action against the firm of Saxton & Huntington. The present plaintiff was assignee of that firm, and in behalf of the creditors, generally, contended that the proceedings in.
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This was a bill in equity [by Frederic W. Sawyer against Charles T. Gill], filed November 18th, 1846, with a view to enjoin the defendant against proceeding in another suit to obtain judgment and enforce his attachment of certain goods, seized on mesne process in that action against the firm of Saxton & Huntington. The present plaintiff was assignee of that firm, and in behalf of the creditors, generally, contended that the proceedings in. Gill’s action were not bona fide, but collusive, in order to retain said goods from being applied under the insolvent system, for the benefit, pro rata, of…
1Opinion of the Court
WOODBURY, Circuit Justice.
There is no doubt that the practice in modern times is more extensive than formerly, to make services on attornies of parties in suits, rather than on parties themselves. This is more especially the case in respect to orders and notices. This is convenient to all concerned, because, in conducting the suit, both parties act through their attornies; and after their names are on record, and well known, it is less expensive to transact, the business of the suit with them, and saves trouble to the parties, who, if notified in person, would be obliged afterwards to travel…
2Cases cited5 opinions
- Osborne v. MossNew York Supreme Court · 1810
- Brownell v. CurtisNew York Court of Chancery · 1843
- Bayard v. HoffmanNew York Court of Chancery · 1820
- Wardell v. EdenNew York Supreme Court · 1800
- Hutcheson v. JohnsonSupreme Court of Pennsylvania · 1803
3Cited by1 opinion
- Cortes Co. v. ThannhauserU.S. Circuit Court for the District of Southern New York · 1881