Romaine v. Union Ins. Co.
United States Circuit Court
In Equity. Two insurance companies of Pennsylvania and one of Ohio were made defendants to this bill, along with citizens of Tennessee, inhabitants within this judicial district.
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In Equity. Two insurance companies of Pennsylvania and one of Ohio were made defendants to this bill, along with citizens of Tennessee, inhabitants within this judicial district. The subpoena issued against all in the regular form, and was served by the marshal on the resident defendants; and, at the request of plaintiffs’ solicitor, he returns that he sent copies of the subpoena and bill to Pennsylvania and Ohio, where the marshals of those districts served them, as they return and 'certify, upon the non-resident defendants, respectively. Thereupon the two companies belonging to Pennsylvania…
1Opinion of the CourtHammond, J.
If the defendants had mistaken their remedy to be rid of this service, in view of the fact that it is apparent that they wish to appear specially, and only to take exception to it, and decline to submit voluntarily to he made defendants here, I should have no difficulty in permitting them to amend the proceeding so as to accomplish their purpose by whatever method it might be properly done; for no court, in these days at least, ever holds a party to have abandoned or waived a privilege by any act which is done to assert it, if there be power to permit amendment of the proceeding, of which…
2Cases cited45 opinions
- Galpin v. PageSupreme Court of the United States · 1874
- Ex Parte SchollenbergerSupreme Court of the United States · 1878
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- The State of Rhode Island v. the State of MassachusettsSupreme Court of the United States · 1838
- Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
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3Cited by5 opinions
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- Rorick v. ChanceySupreme Court of Florida · 1938