District Court, S.D. New York December 27, 1871, Case No. 7,329 (Jobbins v. Montague)

BLATCHFORD, District Judge.

The service of the subpoena in this case on the defendant Montague, in New Jersey, is claimed to be irregular and without force to compel his appearance in the suit on pain of having the bill taken as confessed against him, on the ground that such service was in violation of the provision of the 11th section of the act of September 24, 1789 (1 Stat. 79).