Dexter v. Lichliter
Court of Appeals for the D.C. Circuit
Hearing on an appeal (specially allowed) from an order of the Supreme Court of the District of Columbia overruling a motion to vacate a return of personal service upon a nonresident, attempted to be made a party to the action. The Court in the opinion stated the case as follows: This is a special appeal that has been allowed from an interlocutory order.
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Hearing on an appeal (specially allowed) from an order of the Supreme Court of the District of Columbia overruling a motion to vacate a return of personal service upon a nonresident, attempted to be made a party to the action. The Court in the opinion stated the case as follows: This is a special appeal that has been allowed from an interlocutory order. On July 1, 1903, Jacob H. Lichliter, as executor of Thomas Wilson, deceased, began this action in the supreme court of the District of Columbia against the Supreme Council, Royal Templars of Temperance, a corporation organized under the laws…
1Opinion of the CourtJustice Shepard
delivered tbe opinion of the Court:
1. Section 1531 of the Code confers upon defendants in actions at law upon contracts or for the recovery of personal *227property under the conditions therein declared, the right to bring in a third party who “has or makes claim to the subject of the action;” and, to that extent, is an adaptation of the ordinary equitable remedy of interpleader.
“It is an elementary principle of jurisprudence that a court of justice cannot acquire jurisdiction over the person of one who has no residence within its territorial jurisdiction, except by actual service of notice…
2Cases cited6 opinions
- Goldey v. Morning NewsSupreme Court of the United States · 1895
- Wabash Western Railway v. BrowSupreme Court of the United States · 1896
- Mexican Central Railway Co. v. PinkneySupreme Court of the United States · 1893
- In Re the Application for Letters of Administration of the Goods, Chattels and CreditsNew York Court of Appeals · 1898
- Mojarrieta v. . SaenzNew York Court of Appeals · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Metropolitan Life Ins. Co. v. SkovDistrict Court, D. Oregon · 1942