Legal Opinion

Dwelle v. Allen

District Court, S.D. New York

Decided February 13, 1912PublishedCited by 17 opinions

Action by Helen Puld Dwelle against Nathan Allen. On motion to vacate a summons. Motion to vacate summons served upon defendant while in attendance by virtue of a subpoena on the grand jury of the Circuit Court of the United States for the Southern District of New York.

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Action by Helen Puld Dwelle against Nathan Allen. On motion to vacate a summons. Motion to vacate summons served upon defendant while in attendance by virtue of a subpoena on the grand jury of the Circuit Court of the United States for the Southern District of New York. The defendant, a citizen and resident of the stare of Montana, was indicted by the grand jury of the Circuit Court for the Southern District of New York for smuggling-. On October 2, 191 1, he appeared in the city of New York, pleaded to the indictm-ent, was sentenced to a fine which he paid on the same day, and was…

1Opinion of the CourtHand, District Judge

(after stating the facts as above). The plaintiffs chief reliance is Netograph Mfg. Co. v. Scrugham, 197 N. Y. 377, 90 N. E. 962, 27 L. R. A. (N. S.) 333, 134 Am. St. Rep. 886. In that case Scrugham, a citizen of Ohio, came to New York to testify at a legislative.hearing. While there, he was arrested on a criminal charge, and thereafter indicted by the grand jury of the Court of General Sessions for the county of New York, to whose indictment he gave bail. Lie then returned to Ohio, hut later came back to New York for trial, at which he was acquitted on March 26, 1909. lie stayed overnight in…

2Cases cited4 opinions

  1. Netograph Manufacturing Co. v. . ScrughamNew York Court of Appeals · 1910
  2. Hurst's CaseSupreme Court of the United States · 1804
  3. Small v. MontgomeryU.S. Circuit Court for the District of Eastern Missouri · 1885
  4. Skinner & Mounce Co. v. WaiteU.S. Circuit Court for the District of Idaho · 1907

3Cited by17 opinions

  1. McDonnell v. American Leduc Petroleums, Ltd.Court of Appeals for the Second Circuit · 1972
  2. Feister v. HulickDistrict Court, E.D. Pennsylvania · 1916
  3. Matter of Ancillary Proceedings of Equitable Plan CompanyCourt of Appeals for the Second Circuit · 1960
  4. United States v. ConleyDistrict Court, D. Massachusetts · 1948
  5. In re HallDistrict Court, S.D. New York · 1924

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