The Bridgeport evening farmer., 1911-03-25
LOCAL LAWYERS
 ARE COUNSEL FOR
 PIERPONT MORGAN
Arthur M. Marsh Appears For Noted Fiaancier in S25O,-
 900 Suit
Counsel For Capitalist Contends That Personal Service Must
 be Made ard it Was Not

An interesting chapter in the $250,- 0G0-fght of Clarence l.. Barber, a New York banker, against J. Pierpont Mor- gan, the big New York financier. whose stock in the New Haven road was recently attached in New Haven in this suit. came up yesterday in the short calendar of the Superior court, before Judge Ralph Wheeler in New Haven, when a motion, which was dis allowed, was made to erase the case from the docket and when arguments were made upon a demurrer to A plea in abatement. The questions were purely technical-as to whether at tachments made upon MT. Morgan S holdings of a half million or more of the New Haven road stock in his State could be attached when he is non resident
 When the hearing was over Judge Wheeler took the parers in the case and reserved his decision
 The crux of the situations seems to be that the counsel for MT. Morgan. represented by Arthur M. Marsh, of Marsh, Stoddard & Day, Of this city, make the claim that service in this suit should be made upon MT. Morgan. This, it is claimed. has not been done, and under the present law. which dates from 1895. it cannot be done out side of complete personal service of a writ. The plaintiff, as represented by Walter J. Walsh of the firm of F'itz- gerald & Walsh. of New Haven. claim ed that the service of the papers in the suit after leaving copies of the writ against MT. Morgan. with the secretary of the New Haven road and an additional copy for MT. Morgan, constituted a perfect service, under the law of 1895.
 The whole dispute seems 0 be over he claim that there is no provision in the present law of the State to at tach the property of holder of stocks who is a nonresident unless he can be found within the State.
 In his long argument MT. Marsh de- clared thal nothing but personal ser vice would apply in a suit of this character. and that there was no law on the Connecticut statutes that would remedy the matter.
 MT. Walsh claimed that while the law does not cover such an express situation, yet the statutes on our books, construed Eberaily, and in ac- cordance with the general public poll icy held that the property of every man shall be held subject to his cred itors
 This custom. it is claimed, was broad enough to allow the plaintiffs to ob- tdln JuIlSuiClion py seINilS the "l1t and complaint upon MT. Morgan, at the New Haven railroad without serv- ing the writ upon him personally, MT. Morgan being out of the country.
 As result of the fight if the court decides finally in MT. Morgan's favor. that the att ! chment does not hold the plaintiff who proposes to press case. will have three sources of action to work upon, one of which will be made use of These are as follows: CD. To secure an act from the Legislature remedying the alleged defect in the matter of legal services in matters Of this character; @ or wait until MT. Morgan enters this State so that per- sonal service can be made upon him. (3) or to go to New York and try the case in that State.