Lowry v. Story
U.S. Circuit Court for the District of Western North Carolina
Motion to Enforce a Penalty of $100 against David Settle, marshal, for not duly executing process.
1Opinion of the CourtDick, J.
The affidavit ujion which this motion is founded alleges that a writ of summons was placed in the hands of the marshal more than 20 days before the term of the court to which the same was returnable, together with his lawful fees for service, and the writ was not executed. Notice of motion was accepted by the marshal, and in his answer he admits the allegations of the affidavit; but insists, by way of explanation and defense, that ho was not furnished by the plaintiff will) copies of the summons to be delivered to the several defendants residing in different and distant localities, in…
2Cases cited5 opinions
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- NUDD v. Burrows, AssigneeSupreme Court of the United States · 1875
- Gwin v. BreedloveSupreme Court of the United States · 1844
- William M. Gwin, Late Marshal, and Jacob S. Yerger and Robert Hughes, His Sureties, in Error v. C. T. And A. Barton, in ErrorSupreme Court of the United States · 1847
- First National Bank of Charlotte v. WilsonSupreme Court of North Carolina · 1879
3Cited by1 opinion
- Detroit Heating & Lighting Co. v. KempU.S. Circuit Court for the District of Maryland · 1910