COLE v. RUSTGARD

No. 7155.

68 F.2d 316 (1933)

COLE v. RUSTGARD.

Circuit Court of Appeals, Ninth Circuit.

December 18, 1933.


Attorney(s) appearing for the Case

William L. Paul, of Juneau, Alaska, for appellant.

H. L. Faulkner, of Juneau, Alaska, for appellee.

Before WILBUR, SAWTELLE, and GARRECHT, Circuit Judges.


GARRECHT, Circuit Judge.

This is an appeal (erroneously termed writ of error, the writ of error having been abolished in 1928, 28 USCA §§ 861a and 861b), from an order of the District Court setting aside and quashing service of summons for the reason that the summons so served was uncertified, certification being required by the laws of the Territory of Alaska. Section 878 of the Compiled Laws of Alaska reads as follows: "The summons shall be served by delivering...

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