Castner v. Magone
U.S. Circuit Court for the District of Southern New York
These three eases were suits against a collector of customs for the recovery of duties paid in excess. Defendant appeared by attorney on August 17, 1887. Plaintiffs procured from defendant’s attorney extensions of time to serve their complaints, which were served on September 80, 1887. The bills of particulars were annexed to the copies of the complaints so served. Defendant, moved for judgments of nonpros., under section 3012, Rev. St. ~
1Opinion of the CourtLacombe, J.
In these three cases motion is made by the defendant for judgment of nonpros, against the plaintiffs, under section 3012, Rev. St. This motion is based upon an affidavit showing that the action is one to recover from the defendant duties alleged to have been erroneously or illegally exacted by him as collector of customs at the port of New York; that the defendant duly appeared by attorney on the seventeenth of August, 1887, by the service upon the attorney for the plaintiffs on said date of a notice of appearance; and that no bill of particulars, as required by section 3012, Rev. St. U. S.,…
2Cases cited1 opinion
- Tott v. ArthurU.S. Circuit Court for the District of Southern New York · 1878