Page:Federal Reporter, 1st Series, Volume 9.djvu/244

HOLMES V. OREGON & OALIFOENIA E. CO. 229 �is a member or resident in the f amily. " The practical construction of this rule bas always been net to extend it to subpœnas on bills such as those in the present cases. The practice before referred to bas existed while rule 13 has been in force, and has never been un- derstood to be affected by that rule. �An order for substituted service on the attorneys will be made, and, in addition, it will be ordered that a copy of the subpœna be served on the parties personally, if they can be found, -wherever they may be. ���Holmes, Adm'r, etc., ij. Obegon & California E. Co. �{Circuit Court, D. Oregon, October 20, 1881.) �1. JUJXIMHINTS— ttoLliATEKAL AtTACK. �The general rule, in the language of the court, is that a question of fact once determined and adjudged, by a court having authority to make the inquiry and adjudication, is conclusively determined, ualess the judgment is set aaide on appeal to some higher court, or upon some direct proceeding within the recog- nized rules of law to annul it. Hence, where the statuts of the state provided that the administration of the estate of an intestate shall be granted by the county court when the intestate, " at or immediately before his death, was an inhabitant of the county," etc., the decision of the court on the question of inhabitancy, properly presented for its adjudication, is not open to examinatiou in a subsequent proceeding in a federal court. �Sidney Dell, for libellant. �Dolph, Bronaugh, Dolph, and Simon, for defendants. �Sawyeb,C. J. On petition for rehearing. This is an appeal from a decree of the district court, in a suit to recover the sum of $4,900, under section 367 of the Oregon Civil Code, on account of the death of William A. Perkins, which occurred on November 16, 1878, and which is alleged to have been caused by the negligence of the defend- ant while transporting said Perkins acrosa the Wallamet river, at Portland, on its steam-ferry. �On the day named the deceased, then in his twenty-second year, in company with his mother, Mary A. Eiggs, left Salem, Oregon, for Portland, in the same state, intending to take the steamer at the latter place for California. In crossing the Wallamet river, on defendant's ferry, while landing at Portland, in Multnomah county, he fell overboard and was drowned. Soon after, said Mary A. Eiggs, mother of the deceased, who was the next of kin and one of his heirs at law, and entitled to letters of administration under the laws of Oregon, (Or. Code, § 1053,) flled a verified petition In the county court of Multnomah county, in which she styled herself Mary A. Riggs, of the city of Poitland, and alleged that William A. Perkins died on ifovember 16, 1878, in eaid Multnomah county and state of Oregon; "that deceased was, at or im- ��� �