Page:Federal Reporter, 1st Series, Volume 5.djvu/53

BKOWN V. CHURCH. 41 �Beown V. Pond and othera. �{District Court, S. D. New York. November, 1880.) �Where the prœdpe directing the clerk to issue summons in an action for "statutory penalty; amount claimed, $80,000," is followed by the service of auGh a summons on the defendant, who was first informed of the nature of the plaintifE's claim in an affldavit accompanying an order extending plaintifE's time to serve a complaint : �Held, that a inotion madeto set aside the summons mustbegranted for the same reasons that apply in the case between the same parties heretofore decided, [supra, 31.] �Charles N. Judson and E. H. Bien, for defendants. �Kohbe e Fowler, for plaintiff. �Choate, D. J. This is liLe the case between the same par- ties decided to-day, [supra, 31,] except that the complaint has been served. The prœdpe directs the clerk to issue summons in an action for "statutory penalty ; amount claimed, $80,000." It is shown by affidavit, and is not contradicted, that the de- fendant was first informed of the nature of the plaintiff'g claim on the sixteenth of June, 1880, upon the service of an affi- davit accompanying an order extending plaintiff's time to serve his complaint. This motion to set aside the summons was made on the twenty-first of June. �For the reasons stated in the other case between the same parties the motion must be granted. ���Bbown V. Chubch and others. {District Court, 8. D. New York. November, 1880.) �Action to Recover Pbnalties — Rev. St. § 4963 — Istdorsement — Kefeiience to Statute — Pbacticb. �In an action to recover penalties incurred under Rev. 8t. i 4963, relating to copyright, the summons was indorsed as follows : " For $2,500 debt for a penalty imposed by title 60, c. 3, of an act of con- �gress entitled 'An act to revise the statutes,' etc., appruved Jime 20, ����