Legal Opinion

Dwight v. Merritt

U.S. Circuit Court for the District of Southern New York

Decided July 1, 1880PublishedCited by 11 opinions

Motion to Set Aside Summons.

1Opinion of the Court

Blatchfoed, 0. J.

In this case an attempt has been made to commence a suit at common law, in this court, by serving *615on the defendant a paper purporting to he a summons, in tho form prescribed by the statute of New York for commencing a civil action. It is signed by tho plaintiffs’ attorney, but is not under the seal of the court, nor is it signed by the clerk of the court. Section 911 of the Revised Statutes of the United States provides that “all writs and processes issuing from the courts of the United States shall be under tlie seal of the court from which they issue, and shall be signed by…

2Cases cited3 opinions

  1. Peaslee v. HaberstroU.S. Circuit Court for the District of Northern New York · 1879
  2. Beardsley v. LittellDistrict Court, S.D. New York · 1877
  3. Easton v. HodgesU.S. Circuit Court for the District of Eastern Wisconsin · 1877

3Cited by11 opinions

  1. Chisholm v. GilmerSupreme Court of the United States · 1936
  2. Collin County Nat. Bank v. HughesCourt of Appeals for the Eighth Circuit · 1907
  3. In re Condemnation Suits by United StatesDistrict Court, E.D. Tennessee · 1916
  4. Leas & McVitty v. MerrimanU.S. Circuit Court for the District of Western Virginia · 1904
  5. United States v. American Lumber Co.U.S. Circuit Court for the District of Northern California · 1897

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