Page:Federal Reporter, 1st Series, Volume 4.djvu/31

 8TEIGË& V. BONN. 17, �Steigeb ». BONH. (CHreuit Court, S. New Jersey. Octotier 18, 1880.) �1. Pkocess— Seevioe— Feaud.— Where a defendant, residing in another district, is enticed and induced to corne into the district where the plaintiff resides by the false representations or deceptive contrivances of the plaintifE, or of any one acting in his behalf, for the purpose of Berving legal process upon him, and the same is served through such improper means, such service is illegal, and ought to be set aside, and the process dismissed. �Union, Hugar Refinery v. Mathieason, 2 Clifl. 304-309, �Motion to set aside Writ, etc. �J. Henry Stone, for defendant. �Mr. Gilchrist, Att'y Gen,, for plaintiff. �Nixon, D. J. This is a motion to set aside the summons issued in the case, on the ground that the defendant was in- duced, by deceptive and fraudulent means, to corne within the jurisdiction of the court for the purpose of serving th« writ upon him. There seems to be a substantial agreement between the counsel of the respective parties as to the law of the case, They assent to the rule laid down by Mr. Justice Clifford in The Union Svgar Refinery v. Mathiesson, 2 Ciiff. 304-309, where he says "that where the defendant, residing in another district, is enticed and induced to come into the district where the plaintiff resides by the false representa- tions or deceptive contrivances of the plaintiff, or of any one acting in his behalf, for the purpose of serving legal process upon him, and the same is served through such improper means, such service is illegal, and ought to be set aside, and that the process should be dismissed." The only question is whether the facts shown are sufiScient to identify the plaintiff with, and hold him responsible for, the deception and fraud used to lure the defendant into the state, �The facts are that the defendant is a citizen of the state of New York, residing in the city of New York, and engaged in the business of importing, publishing, and selling sohool bocks in the German language; that a convention of the German-American Teachers' Association, a body composed of German teachers from varions states of the Union, was to �v.4:,no,l — 2 ����