Hitner v. Suckley
U.S. Circuit Court for the District of Pennsylvania
Rule to show cause why an injunction to stay waste should not be granted, and why service of the subpoena, upon the attorney of the defendant, in a suit depending against the plaintiff, for slandering his title to the lands in the bill mentioned, should not be considered as a service on Suckley. The case was, that one Broom, being indebted to Hitner, executed a mortgage to him for securing the same, on a certain tract of land the subject of this injunction.
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Rule to show cause why an injunction to stay waste should not be granted, and why service of the subpoena, upon the attorney of the defendant, in a suit depending against the plaintiff, for slandering his title to the lands in the bill mentioned, should not be considered as a service on Suckley. The case was, that one Broom, being indebted to Hitner, executed a mortgage to him for securing the same, on a certain tract of land the subject of this injunction. Suckley, .being a creditor of Broom, obtained a judgment against him; and the same land was taken in execution, sold by the marshal, and…
1Opinion of the Court
BY THE COURT.
If a judgment at law bp obtained by one person against another, and an injunction be applied for, the court will consider a service of the subpoena upon the attorney of the plaintiff at law, to be sufficient, if his client live out of the state. But the action at law by the defendant against the complainant, for slandering his title, la totally unconnected with the subject of controversy presented by this bill; and the court cannot consider the defendant’s attorney in that action, as representing him in this case. The motion for the injunction was with*250drawn, on the counsel for…
2Cited by6 opinions
- Higgins v. California Prune & Apricot Growers, Inc.Court of Appeals for the Second Circuit · 1922
- Shainwadd v. DavidsDistrict Court, N.D. California · 1895
- Essenkay Co. v. Essenkay Sales Co.Tennessee Supreme Court · 1915
- Crellin v. ElyUnited States Circuit Court · 1882
- Death v. Bank of PittsburgSupreme Court of Iowa · 1855
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