Fischer v. Munsey Trust Co.
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the defendant from a judgment for the plaintiff, entered for want of a sufficient affidavit of defense in an action on a contract. The Court in the opinion stated the facts as follows: This appeal involves an order of the supreme court of the District striking out appellant’s plea in abatement, in which it is alleged that service of summons in the action was procured to be served upon him within this jurisdiction by trick, device, and fraud.
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Hearing on an appeal by the defendant from a judgment for the plaintiff, entered for want of a sufficient affidavit of defense in an action on a contract. The Court in the opinion stated the facts as follows: This appeal involves an order of the supreme court of the District striking out appellant’s plea in abatement, in which it is alleged that service of summons in the action was procured to be served upon him within this jurisdiction by trick, device, and fraud. The action was commenced June 3, 1914. On June 13th following, appellant, John L. Fischer, appeared specially by his attorney,…
1Opinion of the CourtJustice Eobb
In this jurisdiction the practice is firmly established, where the question of service may be determined as matter of law, to raise it by motion to quash. Ricketts v. Sun Printing & Pub. Asso. 27 App. D. C. 222; Ferguson Contracting Co. v. Coal & Coke R. Co. 33 App. D. C. 159; Toledo Computing Scale Co. *216v. Miller, 38 App. D. C. 237; Wendell v. Holland America Line, 40 App. D. C. 1. The present case, however, presents a different question, for the reason that the facts are disputed. Under see. 70 of the Code [31 Stat. at L. 1200, chap. 854] issues of fact in civil cases may be tried and…
2Cases cited4 opinions
- Fitzgerald & Mallory Construction Co. v. FitzgeraldSupreme Court of the United States · 1890
- Frawley, Bundy & Wilcox v. Pennsylvania Casualty Co.U.S. Circuit Court for the District of Middle Pennsylvania · 1903
- Cavanagh v. Manhattan Transit Co.U.S. Circuit Court for the District of New Jersey · 1905
- Toof, McGowen & Co. v. FoleySupreme Court of Iowa · 1893
3Cited by4 opinions
- Bonner v. Minico, Inc.Arizona Supreme Court · 1988
- Coyne v. Grupo Industrial Trieme, S.A. de C.V.District Court, District of Columbia · 1985
- Guardian Management Corp. v. HuffmanDistrict of Columbia Court of Appeals · 1948
- Contella v. ClaytonCourt of Appeals for the D.C. Circuit · 1944