Fitch v. Smith

2 Sarat. Ch. Sent. 66 Court N.Y. Ch. Decision date 1842-10-04 English

Contents

Majority

p. 66

William Fitch v. Thomas Smith. Orin Terry v. The same.

Headnote

What is a commencement of a suit.

E. Fitch Smith, for appellants ;

C. H. Bramhall, for respondent.

Decided in this case that the filing of a bill is not the com-men cement of a suit; but that a suit is commenced in this court by the issuing and service of the subpoena, or making a bona fide attempt to serve it, after the bill has been filed.

Order of the vice chancellor affirmed, with costs.