Peaslee v. Haberstro
U.S. Circuit Court for the District of Northern New York
[This was an action at law by Charles A. Peaslee against Joseph L. Haberstro. Heard on motion to set aside the summons.]
1Opinion of the Court
WALLACE, Circuit Judge.
The motion to set aside the summons in this action must be granted, upon the ground that the summons was not signed by the clerk or under the seal of the court. Section 911 of the Revised Statutes of the United States prescribes, that “all writs and processes issuing from the courts of the United States shall be under the seal of the court from which they issue, and shall be signed by the clerk thereof.” This provision is not inconsistent with, and, therefore, is not repealed by, the subsequent act of congress (Act June 1, 1S72. 8 5; 17 Stat. 197), now. embodied in…
2Cited by16 opinions
- Chisholm v. GilmerSupreme Court of the United States · 1936
- Dwight v. MerrittU.S. Circuit Court for the District of Southern New York · 1880
- In re Condemnation Suits by United StatesDistrict Court, E.D. Tennessee · 1916
- Leas & McVitty v. MerrimanU.S. Circuit Court for the District of Western Virginia · 1904
- Castro v. De UriarteDistrict Court, S.D. New York · 1882
11 more not listed; retrieve them via the Exa API.