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FITZGERALD AND MALLORY CONST. CO. v. FITZGERALD

No. 1141.

137 U.S. 98 (1890)

FITZGERALD AND MALLORY CONSTRUCTION COMPANY v. FITZGERALD.

Supreme Court of United States.

Decided November 17, 1890.

Attorney(s) appearing for the Case

Mr. John F. Dillon and Mr. David D. Duncan for plaintiff in error.

Mr. T.M. Marquett for defendant in error.

MR. CHIEF JUSTICE FULLER delivered the opinion of the court.

It is contended that the Circuit Court should have refused to proceed with the action if it appeared to its satisfaction that the service upon the defendant was obtained by means of a fraudulent device and trick; and that this question was presented by the plea to the jurisdiction, the motion for a non-suit, the motion to dismiss, and a request, which was refused,

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