Butterworth v. Hill

Citations

• 114 U.S. 128
• 5 S. Ct. 796
• 29 L. Ed. 119
• 1885 U.S. LEXIS 1742

Syllabus

<p>The provision in § 789 that no suit shall - be brought in a Circuit or District Court of the United States against an inhabitant of the United' States, by original process, in any other district than that of which he is an inhabitant or in which he may be found at the timé of serving the writ, applies- to suits in equity under §4915 Rev. Stat. to procure the issue of letters patent for an invention after rejection of the application therefor.</p> <p>The official residence of the Commissioner of Patents is at Washington, in the 'District of Columbia..'</p> <p>A written acceptance by the Commissioner of Patents at Washington of service of a subpoena issued by the Circuit Court'of the United States for the District of Vermont, on a bill in equity filed in that court, “ to have the same effect as if duly served on me by a proper‘officer,” has no other effect than the regular service by a proper officer would have had, and' waives no ob- ' jection to ’jurisdiction, and gives no consent to be sued away froip his; residence or from the seat of governmentv-</p> <p>‘A notice by the Commissioner pf Patents to counsel that hd has accepted service of a subpoena in' manner above described, and has received a copy .of the bill, and that he shall not appear in defence, notifies him that further proceedings will be taken without consent of the commissioner to the jurisdiction of the court. ■ ’</p>