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HERBERT v. BICKNELL

No. 269.

233 U.S. 70 (1914)

34 S.Ct. 562

58 L.Ed. 854

HERBERT v. BICKNELL.

Supreme Court of United States.

Decided April 6, 1914.

Attorney(s) appearing for the Case

Mr. William R. Castle, Mr. David L. Withington, Mr. W.A. Greenwell and Mr. Alfred L. Castle for plaintiff in error.

No brief was filed for defendants in error.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is an action of assumpsit begun on June 30, 1909, in the District Court of Honolulu, by garnishment and leaving a copy of the summons at a place which according to the return was the defendant's last and usual place of abode, he being absent from the Territory. The defendant did not appear and the plaintiff got judgment against the fund on July 2, 1909. No appeal or writ of error was

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