U.S. Circuit Court for the District of Southern New York, 1904

Hubbard v. Central of Georgia Ry. Co.

Hubbard v. Central of Georgia Ry. Co.
U.S. Circuit Court for the District of Southern New York · Decided December 17, 1904 · Lacombe
135 F. 256; 1904 U.S. App. LEXIS 5198
Hubbard v. Central of Georgia Ry. Co.

Opinion of the Court

LACOMBE, Circuit Judge.

The facts as to Rhett’s connection with defendant are set forth in greater detail, but the facts are substantially the same as were before this court in Reehan v. Central of Georgia (no opinion filed). The motion to set aside the service on him as representative of the defendant is granted.

The rule laid down in Purdy v. Wallace (C. C.) 81 Fed. 513, is a sound one, and should be followed here, and defendant have been actually informed of the pendency of the action before removal.

The motion to vacate the attachment is denied.

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