Opinion
FEBRUARY TERM, 1797.
BILL in Equity. A subpœna had been issued in this cause, agreeably to the rule; and an affidavit of the service was now read, in which it was set forth, that a copy had been delivered to the Attorney General; and that a copy had been left at the Governor's house, where the original had, likewise, been shewn to the Secretary of the State.
Expressed some doubt, whether shewing the original to the Secretary of State, would have been a service of the process, conformably to the rule, without leaving a copy at the Governor's house: but they agreed with the rest of THE COURT, in deeming the service, under the present circumstances, to be sufficient in strictness of construction, as well as upon principle.
The service of the subpœna being thus proved, the Complainant was entitled to proceed ex parte; and, accordingly, moved for and obtained Commissions, to take the examination of witnesses in several of the States.