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Process-Service By Publication In Creditors' Suits

Michigan Law Review

The plaintiff, a citizen of Missouri, recovered a judgment against the defendant, a citizen of New York, in the federal district court, S. D., New York. Execution was issued and returned unsatisfied, and a creditors' bill was brought to subject the surplus of a trust fund in New York, of which the defendant was the cestui, to the satisfaction of the judgment. In the meantime the defendant bad moved to New Jersey, and service of process was had upon her by publication. On a motion to vacate the order allowing service by publication, the court held that the order allowing …