Huger v. South Carolina,
Annotate this Case
3 U.S. 339 (1797)
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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
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
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
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.