Page:Federal Reporter, 1st Series, Volume 1.djvu/212

2U4 FEDERAL REPORTER. �When this casewas bronght toour attentior, in the second day of February last, we held that the proceeding contein- plated by this section was an ordinary proceeding iii chan- cery; that it was not a summary proceeding, but an ad\-ersary proceeding, in which the party must file the usual bill in cbau- cery and issue the subpœna required by the chancery practice. In accordance with that ruling counsel arnended bis bill so as to make it couform to the ehancery practice, and issucl thj usual subpœna, wbicb bas been served on the defendants who were within the district. He furtliermoro issued a u',)ticû wiiicii has been served on parties oatsido of the district. Tue notice is as follows, addressed to the sevoral defendants : �"Please take notice that we have this day fi'ed an ameuded bill in equity in the above entitled cause, uiider soctiaii iiVLS, Eev. St. of the United States, praying, aniong othcr things, that said court may adjudgj and declare R3-issuo LcL'.eis Pat- ent, Xo. S0()0, g.'aiited tiie above named defojuîau';.;, J Diuary 20, A. D. 1S78, for 'Improvenient in Finishing Tob;i,cco Plugs,' to be utterly null and void, �"liospectfully, etc., �"LiGGE'rT & MyERj XOfiACCO Co. �"J3y Sam'l s. Bo-ïd, Soliciter." The question presentod now is, and it is preseuted really for the second time, whether in such a case as ibis the com- plainant niay depart i'rom the usual chuucory practice, and issue a notice of this charactcr to be served outside of the district. �Counsel nas very properly, I think, Drought the matter agiin before us, for the reason that it was considered very îuirrieuly on the former uucasion, and for the further reason that he ougbt to bave the question preseuted in a shape to be reviewed by the supreme court. But, on a re-eonsidera- tion of the whoie subject, we have reached the same conclu- si.ju annoui'Ce 1 before. No law of (lie L'niic.1 States ma\es provision for the service of any process outside of the dis- trict. Ou the contrary, it is expressly provided, by section 739 of the Eevised Statiiti's, tha*;:, "except ijr the cases provided iu î;i ' nox!; tlnoo seclioni, no person siuill bo anes'.eJ in ono ��� �