Marco v. Low
Supreme Judicial Court of Maine
Bill in Equity, heard on demurrer. The bill was inserted in a writ of attachment, dated Dec. 18, 1865, and served by copy and summons, Deo. 19, 1865, on Charles P. Stetson, Esq., the alleged attorney of the respondent. The bill was entered at the January term, 1866, for this county. At the succeeding April term, the Court ordered that service be made on the respondent, in California, by giving him an attested copy of the bill.
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Bill in Equity, heard on demurrer. The bill was inserted in a writ of attachment, dated Dec. 18, 1865, and served by copy and summons, Deo. 19, 1865, on Charles P. Stetson, Esq., the alleged attorney of the respondent. The bill was entered at the January term, 1866, for this county. At the succeeding April term, the Court ordered that service be made on the respondent, in California, by giving him an attested copy of the bill. At the succeeding January term, the notice as ordei’ed was proved ; and there being no appearance for the respondent, the Court ordered that said Low be enjoined from…
1Opinion of the CourtBarrows, J.
The single question presented on this demurrer is whether a citizen of another State, who has not, since the filing of the bill, personally been within this jurisdiction, but who is engaged in prosecuting before this Court, sitting as a court of law, a claim against the complainants for land lying in this county, is so far within the jurisdiction of this Court, sitting in equity, as to be liable upon service made on his attorney in the' suit at law, and notice to himself in the State where he resides, to an injunction against the further prosecution of his suit, when it appears, *552by the bill…
2Cases cited1 opinion
- Dearborn v. DearbornMassachusetts Supreme Judicial Court · 1818
3Cited by2 opinions
- Stewart v. ChaseCalifornia Supreme Court · 1915
- Paine v. CaldwellDistrict Court, D. Maine · 1872