United States v. Isaac Davenport

I respectfully dissent. The District Court’s Rule 7 permitted proof of service by certificate, by affidavit, “or by any other proof satisfactory to the court.” The only reason given by the court for refusing to issue compulsory process for Neal was that there was no “ * * * official return as required * * But Rule 7 does not require an “official return.”

The District Court had discretion under Rule 7 to reject oral testimony as an “unsatisfactory” method of proof, but it did not reject that method here. And presumably the court, since it did not so state and the Government does not so argue,…