King v. Davis

Citations

• 137 F. 222
• 1905 U.S. App. LEXIS 5219

Syllabus

<p>1. Federal Courts—Judgments—Vacation after Term—Process—Fraudulent Service.</p> <p>A federal law court has no power to vacate its judgment of a former term, founded on a false, but apparently valid, ■ return of service of process. Such judgment may be vacated by suit in-equity if plaintiff at law joined in the fraud of the process server, or. if the latter was not an official. Such judgment not vacated in equity, if plaintiff at law did not join in the fraud, and if process server an official.</p> <p>2. Same—Constructive Service—Defective Return—Amendment.</p> <p>Where, pending a motion to vacate a judgment in ejectment, based on invalid returns of constructive service of process, a motion to amend was made, and the amended return disclosed a valid service, the motion will not be granted if the facts stated in the amended return are true.</p> <p>3. Same—Substituted Service—Amendment—Notice.</p> <p>Where substituted service on a defendant in ejectment, made by leaving a copy with his wife, was invalid, for failure of the return to state that the wife was a member of his family, the subsequent personal service on defendant of a notice of an application by plaintiff for leave to amend the declaration was insufficient to confer jurisdiction of such defendant.</p> <p>4. Same—Amendment of Process—Notice.</p> <p>Where a return of substituted service on a defendant in ejectment was fatally defective, and the court had not otherwise acquired jurisdiction of him, an application to amend such return will not be granted, in the discretion of the court, without notice.</p> <p>5. Same—Entry of Judgment.</p> <p>Where the original declaration and notice and a notice of application to amend were properly served on a defendant in ejectment instituted In 1896, but the action was retired from the docket, without judgment against her, in 1900, she is entitled to notice and an opportunity to be heard before judgment can thereafter be properly entered against her.</p> <p>6. Same—Vacati