Bentley v. Reid
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Northern District of Georgia. William H. Bentley and six others, all being citizens of other states than Georgia, brought this suit against Henry W. Reid, a citizen of Georgia, for the recovery of five-sixths undivided interest in a tract of land of the value of more than $2,000. The petition or declaration was filed in the court below September 16, 1901. The petition concluded with prayer for process.
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In Error to the Circuit Court of the United States for the Northern District of Georgia. William H. Bentley and six others, all being citizens of other states than Georgia, brought this suit against Henry W. Reid, a citizen of Georgia, for the recovery of five-sixths undivided interest in a tract of land of the value of more than $2,000. The petition or declaration was filed in the court below September 16, 1901. The petition concluded with prayer for process. The record does not show that the clerk annexed process to the petition requiring the appearance of the defendant at the return term…
1Opinion of the CourtShelby, Circuit Judge
In some actions in England, at common law, it was held that the suit was not commenced until the writ was served on the defendant and returned. The rule in the action of ejectment was that the service of the declaration and notice on the tenant in possession of *700the premises sued for was the commencement of the action. Johnson v. Farwell, 7 Greenl. (Me.) 370, 22 Am. Dec. 203. In this country the usual rule, in the absence of statute, was that the action was begun at the suing out of the writ with the intention of having it served. There are conflicts in the decisions that treat the subject…
2Cases cited16 opinions
- Henderson v. Carbondale Coal & Coke Co.Supreme Court of the United States · 1891
- McClendon & Co. v. Hernando Phosphate Co.Supreme Court of Georgia · 1897
- Creighton v. KerrSupreme Court of the United States · 1874
- Nicholas v. British America Assurance Co.Supreme Court of Georgia · 1900
- Savannah, Florida & Western Rwy. Co. v. AtkinsonSupreme Court of Georgia · 1894
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3Cited by1 opinion
- Munro v. United StatesDistrict Court, W.D. New York · 1935