¶1If a judgment at law bp obtained by one person against another, and an injunction be applied for, the court will consider a service of the subpoena upon the attorney of the plaintiff at law, to be sufficient, if his client live out of the state. But the action at law by the defendant against the complainant, for slandering his title, la totally unconnected with the subject of controversy presented by this bill; and the court cannot consider the defendant’s attorney in that action, as representing him in this case. The motion for the injunction was with*250drawn, on the counsel for the defendant promising to advise his client not to commit waste;.
12 F. Cas. 249
Hitner v. Suckley
U.S. District Court
Decided April 15, 1810
U.S. District Court · decided 1810-04-15
Rule to show cause why an injunction to stay waste should not be granted, and why service of the subpoena, upon the attorney of the defendant, in a suit depending against the plaintiff, for slandering his title to the lands in the bill mentioned, should not be considered as a service on Suckley. The case was, that one Broom, being indebted to Hitner, executed a mortgage to him for securing the same, on a certain tract of land the subject of this injunction.
Decided 1810-04-15