Macurda v. Globe Newspaper Co.

Citations

• 165 F. 104
• 1908 U.S. App. LEXIS 5356

Syllabus

<p>1. Garnishment (§ 4*) —Actions in Which Garnishment is Authorized — Maine Statute — “Slander by Writing or Speaking.”</p> <p>In Rev. St. Me. 1903, c. 88, § 1, which provides that “all personal actions except those of detinue, replevin, actions on the case for malicious prosecution, for slander by writing or speaking and for assault and battery may be commenced by trustee process,” the words “slander by writing or speaking” are used in a comprehensive sense and include libel, and under such provision an action for libel cannot be commenced by trustee process.</p> <p>[Ed. Note. — For other cases, see Garnishment, Dec. Dig. § 4.*],</p> <p>2. Garnishment (§ 84*) — Jurisdiction—Waiver op Objection.</p> <p>Where an action for libel against a foreign corporation was commenced in Maine by trustee process in violation of the state statute, the giving of a bond by the defendant to release the garnishees was not a waiver of its right to object to the jurisdiction of the court.</p> <p>[Ed. Note. — For other cases, see Garnishment, Dec. Dig. § 84.*]-</p> <p>3. Removal oe Causes (§ 31*) — Diversity op Citizenship — Parties.</p> <p>Under the rule of the federal courts as affecting the right of removal on the ground of diversity of citizenship, garnishees are not indispensable parties.</p> <p>[Ed. Note. — For other cases, see Removal of Causes, Cent. Dig. § .71; Dec. Dig. § 31.*]</p>