United States Supreme Court Cases & Opinions

U.S. Supreme Court

Huger v. South Carolina, 3 U.S. 3 Dall. 339 339 (1797)

Huger v. South Carolina

3 U.S. (3 Dall.) 339

BILL IN EQUITY

Syllabus

The delivery of a copy of the subpoena, in an equity suit against a state, to the attorney general, a copy being also left at the governor's house, and showing the original to the secretary of state, is a sufficient service of the process.

A subpoena had been issued in this cause, agreeably to the rule, and an affidavit of the service was now read in which it was set forth that a copy had been delivered to the attorney general, and that a copy had been left

Page 3 U. S. 340

at the governor's house, where the original had, likewise, been shown to the secretary of the state.

IREDELL and CHASE, JUSTICES, expressed some doubt whether showing the original to the secretary of state would have been a service of the process conformably to the rule without leaving a copy at the governor's

Page 3 U. S. 341

house, but they agreed with the rest of the Court in deeming the service, under the present circumstances, to be sufficient in strictness of construction, as well as upon principle.

The service of the subpoena being thus proved, the complainant was entitled to proceed ex parte, and accordingly moved for and obtained commissions to take the examination of witnesses in several of the states.