Thomason

This is an appeal from an order quashing the service of a subpoena in equity, and vacating a decree in favor of the appellant and against the appellee. The subpoena issued upon an amended and supplemental bill, under date of May 9, 1921, and was delivered to the United States marshal for service on the same day. Equity rule 13 provides that service of all subpoenas shall be by delivering a copy there *230 of to the defendant personally, or by leaving a copy at the dwelling house or usual place of abode of each defendant, with some adult person who is a member of or resident in the family. Four returns in all were made by the deputy United States marshal on the subpoena in question. In his first return the officer certified that on May 13, 1921, he delivered an attested copy to Jane Doe, whose true name was unknown; she being an adult person and a member of and resident in the family of the appellee. In the second return the officer certified that he delivered the copy to Miss Thomason, an adult person, who is a member or resident in the family of the appellee. The third return does not differ materially from the second, and the officer there again certified that he left a copy…