United States Supreme Court Cases & Opinions

U.S. Supreme Court

Bacon v. Hart, 66 U.S. 1 Black 38 38 (1861)

Bacon v. Hart

66 U.S. (1 Black) 38

Syllabus

1. Where a writ of error is taken to the district court, but no citation served on the defendant in error agreeably to the act of 1789, the writ will, on motion, be dismissed for want of jurisdiction.

2. A service of the citation on the attorney or counsel of the defendant in error is sufficient.

3. But where the attorney of record is dead, it will not do to serve it on his executrix or other personal representative.

4. Nor can the service be legally made on another member of the bar who had been a partner of the deceased counsel.

5. The courts cannot notice law partnerships or other private arrangements, and counsel cannot be known as such unless by their appearance on the record.