Von Roy v. Blackman
U.S. Circuit Court for the District of Louisiana
In equity. Heard on sufficiency of plea in abatement. The plea was as follows: “Mary B. Blackman, sued herein in her representative and individual capacity, now comes into court for the sole purpose of objecting to the sufficiency and legality of the service of the process by which the complainant [Frederick Von Eoy] seeks to subject this defendant to the jurisdiction of this honorable court, and this defendant says that there has been no legal or sufficient service of the…
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In equity. Heard on sufficiency of plea in abatement. The plea was as follows: “Mary B. Blackman, sued herein in her representative and individual capacity, now comes into court for the sole purpose of objecting to the sufficiency and legality of the service of the process by which the complainant [Frederick Von Eoy] seeks to subject this defendant to the jurisdiction of this honorable court, and this defendant says that there has been no legal or sufficient service of the subpoena, or other sufficient process to compel her to appear before this honorable court: that true it is that the…
1Opinion of the Court
BILLINGS, District Judge.
The complainant has set down the plea to be argued, and the question, therefore, is upon its sufficiency in law. . It is alleged that the return of the marshal is false, and that the defendant is not estopped from urging this plea.
The authorities are numerous and weighty in *1273support of the proposition, that in the same ease the parties cannot question the return of the officer: Benn. & H. Dig. tit. “Officer,” subd. 5; Id. “Return of Officers;” Lawrence v. Pond, 17 Mass. 432; Com. Dig. tit. “Return.” F, 2; Barr v. Satchwell, 2 Strange, 813; 2 Phil. Ev. (Ed. 1859, Cowan…
2Cases cited8 opinions
- Earle v. McVeighSupreme Court of the United States · 1876
- Tingley v. BatemanMassachusetts Supreme Judicial Court · 1813
- Putnam v. ManNew York Supreme Court · 1829
- Lawrence v. SmithMassachusetts Supreme Judicial Court · 1809
- Evans v. ParkerNew York Supreme Court · 1838
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ewald v. OrtynskyNew Jersey Court of Chancery · 1910