JOHNSON v. DAVIS

No. 3091.

32 F.2d 391 (1929)

JOHNSON v. DAVIS.

District Court, D. Massachusetts.

May 1, 1929.


Attorney(s) appearing for the Case

John F. McGrath, of Fitchburg, Mass., for plaintiff.

Morris Michelson, of Dorchester, Mass., for defendant.


MORTON, District Judge.

Davis sued Johnson in an action at law which was removed to this court, where it is pending. Johnson has filed against Davis the present bill for discovery in aid of his defense to that action at law. The subpœna of the bill for discovery was, without any order of court, served upon the attorney of record for Davis in the first action. The present question is whether such service is good.

Substituted service is allowed, without...

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