MARTIN v. GRAY

No. 1065.

142 U.S. 236 (1891)

MARTIN v. GRAY.

Supreme Court of United States.

Decided December 21, 1891.


Attorney(s) appearing for the Case

Mr Lewis N. Dembitz for appellant.

Mr. B.F. Buckner and Mr. James S. Pirtle for appellee.


MR. JUSTICE BREWER, after stating the case, delivered the opinion of the court.

The contention of plaintiff is that the return on the subpoena is wholly worthless, and shows no service; and that the decree and decretal sale, based on such a return alone, are null and void. The following are the two rules in equity which regulate the manner of service:

"Rule XIII.

"The service of all subpoenas shall be by a delivery of a copy thereof by the officer...

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