Schwartz v. Miner

Seitz, Chancellor:

This is a stockholder’s derivative action brought against certain corporate and individual defendants. The individual. defendants all being nonresidents, process was requested and issued under 10 Del.C. § 366. This so-called sequestration statute authorizes the seizure of the Delaware property of nonresidents to compel their appearance. ..

The sequestrator’s report disclosed that no property of the defendant, Harold S. Miner (“defendant”) was seized pursuant to the process issued. It is also conceded that the defendant has not been personally served or otherwise appeared in…