United States ex rel. O'Connell v. Kearns

LETTS, District Judge.

This cause came on to be beard upon”tbe plea in abatement interposed by tbe defendants.

In addition tp tbe other grounds set forth in support of tbe plea, it was alleged that defendant Ross M. Kearns was never served with summons or other process in this ease, as shown by tbe return of tbe marshal for tbe Southern district of New York. At tbe time of tbe bearing upon said plea tbe court, in view of tbe affidavits submitted therewith, permitted tbe parties to introduce testimony as to tbe fact of tbe service upon defendant Kearns. No testimony, in addition to said…