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: 44
The following text was automatically extracted from the image on this page using optical character recognition software:
230 FEDERAL REPORTER
ings for a specified period; that the entering of such judgment or de-
cree against such persons may notwithstanding be by the court done,
provided it has appointed an attorney to represent such person in
service to protect his interest, and has required of plaintiff a bond to
indemnify the defendant in such service "against any loss or damage
that he may suffer by reason of any judgment, should the judgment
be thereafter set aside in whole or in part."
Third. If action is brought against such person in service, the
court in which it is pending, in its discretion, on its own motion, or
upon application of such defendant in service, or some one for him,
shall stay the prosecution of the action for the period specified, "un-
less, in the opinion of the court, the ability of the plaintiff to prosecute
the action, or the defendant to conduct his defense, is not materially
affected by reason of his military service," and in case of executions,
attachments, and garnishments, like stay may, in the discretion of the
court, under like conditions, be granted, and attachment or garnish-
ment of property, money, or debts in the hands of another, whether
before or after judgment, may be vacated. Where the person in
military service is a codefendant with others, the plaintiff may never-
theless, by leave of court, proceed against the others. From all these
provisions, taken together, it seems to be clear that Congress had no
intention by this act to either destroy or limit the inherent jurisdic-
tional right of the courts to try cases, or enforce rights and remedies,
against people generally, but only to secure certain security for those
certain persons in military and naval service who might otherwise by
reason of service be subject to injustice and oppression.
Fourth. To fully establish the view herein taken, it would seem that
the terms of the fourth clause of this article 2 of the act is conclu-
sive. This clause reads as follows:
"(4) If any judgment shall be rendered in any action or proceeding gov-
erned by this section against any person in military service during the period
of such service or within thirty days thereafter, and it appears that such per-
son was prejudiced by reason of his military service in making his defense
thereto, such judgment may, upon application, made by such person or his
legal representative, not later than ninety days after the termination of such
service, be opened by the court rendering the same and such defendant or hi =
legal representative let in to defend; provided it is made to appear that the
defendant has a meritorious or legal defense to the action or some part there-
of. Vacating, setting aside, or reversing any judgment because of any
of the provisions of this act shall not impair any right or title acquired by
any bona fide purchaser for value under such judgment."
In view of all these provisions, I conclude that this statute does not
affect in any way the right of the courts to assume jurisdiction over
individual citizens not engaged in the service specified by the statute;
that in case they have or do assume such jurisdiction over one in such
service, it is their duty, in case attention is called to the fact, by either
the defendant in service or some one for him, to see to it that such
defendant is properly represented by attorney and the action is stayed
unless his interests will not be materially affected or he is by bond
indemnified; that. in case judgment is taken against him he has full
remedy under this fourth clause to have such judgment vacated; that
Here’s what’s next.
This document can be searched. Note: Results may vary based on the legibility of text within the document.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Legislative Document.
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/m1/58/: accessed June 29, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.