The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919. Page: 42
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this kind from attorneys who are' not representing' either plaintiffs
or defendants, and in, many cases it would be deemed impertinent
for him to inquire for what purpose such attorney desired such copy.
Nor can this court perceive how the proposition can be maintained
that any legal obligation rested upon attorneys for plaintiff, even if
they knew of the employment of the attorney by defendants in the
case, to inform such attorney that the declaration had been filed and
the action was to be prosecuted. Of the three attorneys for plaintiffs
assumed to have such knowledge, one lived in another state, another
in another county, and onlyone in the same county and city as the
attorney employed by the defendants., As to this latter it is suggested
in argument that, if defendants desired to know from him the status
of the proceeding, it was incumbent upon them and their attorney to
come to and ask it of him, and not incumbent upon him to go and vol-
unteer the information to them; that,.if they did not seek informa-
tion of the kind from him, he had riglit to assume they were fully in-
formed through other channels, or did not care for it. While this
court strenuously insists upon the broadest exercise of courtesy be-
tween members of the bar in their relations to each other, it cannot go
so far as to require additional obligations as to the maturing of law
causes than those imposed by the law of pleading and practice. The
law of the case, as held by the courts, is so clearly enunciated in the
opinions of Judges Keller and Pritchard in Wylie Permanent Camping
Co. v. Lynch, 195 Fed. 386, 115 C. C. A. 288, as to make further ci-
 The third and last ground on which this motion is based, that
the "Soldiers' and Sailors' Civil Relief Act" (Act March 8, 1918, c.
20, 40 Stat. - [Comp. St. 1918, 307814a-30781/4ssJ) was not com-
plied with by the filing, at the time this judgment was taken, of an
affidavit, or other evidence, that these defendants were not, at the
time, in the military or naval service, has presented greater difficulty
in its determination. It will be recalled that this act was not approved
until March 8, 1918, and this judgment was rendered less than a month
after, on April 4, 1918. At that time the act had not been generally
promulgated, and, as yet, this court has not been able to find where
any judicial construction of its terms has been enunciated. The
plaintiff has, upon this motion, tendered an affidavit of one of its
attorneys that neither of these defendants had been or were in the
service contemplated by the act during the war, and it is not contend-
ed by defendants themselves that they, or either of them, are or have
been in such service.
They contend, in effect, however, that in all cases where defendants
fail to appear this statute goes to the jurisdiction of the court--that
it has no power, while its provisions are in force, to enter judgment
against any defendants until the affidavit, or one of them, required by
the act, has first been filed by the plaintiff. They base this conten-
tion upon the 'first section of article 2 of this act (Comp. St. 1918,
3078%/4bb) reading as follows:
"In any action dr' proceeding commenced in any court if there shAll be a
default of an appearance by the defendant the plaintiff before entering Judg-
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The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919., legislative document, 1919; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38827/m1/56/: accessed April 28, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.