Unknown County MI Archives Court.....Pratt, V. Bank Of Windsor 1837
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File contributed for use in USGenWeb Archives by:
Deb Haines http://www.genrecords.net/emailregistry/vols/00003.html#0000719 August 9, 2008, 7:41 am

Source: Cases In Chancery
Written: 1837

CASES IN CHANCERY
FIRST CIRCUIT


Pratt and Barker v. The Bank of Windsor.

Subpoena, service of. The service of a subpoena upon a defendant out of the 
State is irregular.

This was a motion to set aside the default entered in this case, and the 
service of the subpoena, on the ground that the subpoena was served out of the 
State. It appeared that the subpoena was served on the defendants in the State 
of Vermont.

D. Goodwin, in support of the motion.

The service of the subpoena was irregular and void; the service and all 
subsequent proceedings must, therefore, be set aside. (R. S., 366, 367, 371; 
Dunn v. Dunn, 4 Paige R., 425.)

T. Romeyn opposed the motion, and cited 1 Hoff. Pr., 110 to 112, n.

The Chancellor.—This motion must be granted on the authority of the case of 
Dunn v. Dunn, 4 Paige, 425. The case is fully considered, and Chancellor 
Walworth, after a full examination of all the authorities upon the subject, 
comes to the conclusion that the service of a subpoena out of the State is 
irregular.

Motion granted.

Additional Comments:
CASES DETERMINED IN THE COURT OF CHANCERY FOR THE STATE OF MICHIGAN
BY ELON FARNSWORTH, Chancellor 

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