Legal Opinion

In re Francis Levy Outfitting Co.

District Court, D. Hawaii

Decided February 6, 1912Published

In Bankruptcy: Motion to quash service of subpoena.

1Opinion of the CourtClemons, J.

The respondent, having been served with subpoena returnable on. a date seventeen days after issuance, appears specially and moves to quash the subpoena and service thereof on the ground that the subpoena was not made returnable as required by law and that therefore the *85court has no jurisdiction of the cause or of the respondent. The only order of the court was that process issue as prayed for; there was no special order fixing the return day for a time longer than the statutory fifteen days distant, but, as it is understood,the clerk in reckoning the time excluded two intervening Sundays and…

2Cases cited3 opinions

  1. Patchin v. BonsackSupreme Court of Missouri · 1873
  2. Barndollar v. PattonSupreme Court of Colorado · 1879
  3. Norton v. City of DoverUnited States Circuit Court · 1882

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