Melville Fuller

“ The necessity of the actual issue and actual service of citation, except in cases of appeals allowed in open court, and in the absence of equivalent notice or waiver, is reiterated in many cases, while much liberality is exercised in permitting service to be made during the return-term, or a new citation to be issued, where the circumstances invoke the discretion of the court. ”

“ But we cannot be governed in the matter of our own process by the varying laws of the states and territories upon the subject, and actual notice, or notice directed by rule or special order, must be shown before we can treat parties as properly in court. ”

“ The decision of the supreme court of California that, as no appeal was prosecuted from the final judgments, the order denying the application to remove was not open to review, and its judgment thereupon dismissing the appeal from the orders refusing to set aside the judgments of the court below, rest upon grounds of state procedure, with which it is not our province to interfere. ”