Gokey v. Boston & M. R. Co.

Citations

• 130 F. 992
• 1904 U.S. App. LEXIS 4865

Syllabus

<p>1. Federal Courts — Process—Service—Rules—State Laws.</p> <p>Rev. St. § 918 [U. S. Comp. St. 1901, p. 685], provides that federal courts may make rules directing the return of writs, for the advancement of justice and the prevention of delays, under which a federal court sitting in Vermont adopted a rule providing that all processes shall be returnable to the next term, if there be time for seasonable service thereof, according to the laws of the state. Held, that notwithstanding Rev. St. § 914 [TT. S. Comp. St. 1901, p. 684], requiring the practice, pleadings, forms, and modes of proceedings in civil causes, other than equity and admiralty causes, to conform to the practice in state courts of record, a writ of attachment issued by such federal court, dated 22 days before, and made returnable at the succeeding term under such rule, was valid, though it did not comply with the state statute requiring state writs to contain a direction for service and return within 21 days after date of the process.</p> <p>1. State laws as rules of decision in federal courts, see notes to Griffin v. Overman Wheel Co., 9 C. C. A. 548; Wilson v. Perrin, 11 C. C. A. 71; Hill v. Hite, 29 C. O. A. 553.</p>