Union Sugar Refinery v. Mathiesson
U.S. Circuit Court for the District of Massachusetts
Trespass on the case for the alleged infringement of certain letters-patent [Ño. 37,-548]. The plaintiff corporation was a citizen of this district, and the defendants [Francis O. Mathiesson and others) of New Jersey, the former having a place of business at Charlestown, tbe latter a residence in Jersey City, but service of the writ was made on the first-named defendant at Boston, in this district, under process returnable to this court.
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Trespass on the case for the alleged infringement of certain letters-patent [Ño. 37,-548]. The plaintiff corporation was a citizen of this district, and the defendants [Francis O. Mathiesson and others) of New Jersey, the former having a place of business at Charlestown, tbe latter a residence in Jersey City, but service of the writ was made on the first-named defendant at Boston, in this district, under process returnable to this court. After entry the defendant appeared specially and moved the court that the service of the writ upon him be set aside, and that the action be stricken from the…
1Opinion of the Court
CLIFFORD. Circuit Justice.
Under the provisions of the eleventh section of the judiciary act (1 Stat. 79), it is clearly the right of the plaintiff to serve the defendant with process in the district where the plaintiff resides, provided the process be in proper form, and the defendant be found in that district, within the true intent and meaning of that provision. The argument of the defendant admits the proposition as stated, and it is so obvious that it is correct that the statement of it furnishes all the explanation that is required in its support. Withdraw that right .from the plaintiff,…
2Cases cited2 opinions
- Snelling & Baxter v. WatrousNew York Court of Chancery · 1830
- Carpenter v. SpoonerThe Superior Court of New York City · 1850
3Cited by8 opinions
- In Re JohnsonSupreme Court of the United States · 1897
- Ex parte LamarCourt of Appeals for the Second Circuit · 1921
- Bridges v. SheldonUnited States Circuit Court · 1880
- Plimpton v. WinslowU.S. Circuit Court for the District of Southern New York · 1881
- Blandin v. OstranderCourt of Appeals for the Second Circuit · 1917
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