Legal Opinion

In re Norton

District Court, N.D. New York

Decided October 29, 1906Published

In Bankruptcy. Motion to quash the writ of subpcena issued herein and to dismiss the proceeding, upon the ground that no proper service of the subpcena herein has been made.

1Opinion of the Court

RAY, District Judge.

The return of service states as follows:

“I hereby certify and return that I have served the annexed subpoena and petition on the therein named Fred H. Norton, by handing a duplicate petition to and leaving a true and correct copy of said subpcena with the wife of Fred H. Norton," a person of adult age, at his dwelling house and usual place of abode, personally at Gouverneur in said district, on the 12th day of October. A. D. 1906. O. D. MacDougall, U. S. Marshal, by E. O. J. Smith, Deputy.”

The affidavits used on this motion show, and the facts are not disputed, that…

2Cases cited3 opinions

  1. Stuart v. Hines & EamesSupreme Court of Iowa · 1871
  2. In re RisteenDistrict Court, D. Massachusetts · 1903
  3. In re Magid-Hope Silk Mfg. Co.District Court, D. Massachusetts · 1901

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