
    Case No. 3,694a.
    DEACON v. SEWING MACH. CO.
    [14 Reporter, 43.]
    
    Circuit Court, E. D. Pennsylvania.
    June 20, 1882.
    Practice—Service op Subpoena tn Equiti— Equity Rules 18 and 15.
    A service of a subpoena in. equity by a person -other than the marshal, unless specially appointed by the court, is bad, and will be set aside on •motion.
    • ' In equity. Motion to set aside service. ■The affidavit of service of the subpoena ■showed .that the subpoena, had been served •by a cleric.
    John H. Sparhawli, Jr., and Edwin P. Pugh, for the motion, cited rules 1.3 and 15 ■of the supreme court in equity.
    , P. Swayne and Geo. E. Buckley, for complainant, acquiesced.
    
      
       [Reprinted by permission.]
    
   ■ BUTLER, District Judge,

in delivering the ■opinion of the court, said: There is no doubt, that all process must be served by the marshal. Service by another person is not sufficient unless he is specially appointed under the rule of court. Motion granted.  