Sewchulis v. Lehigh Valley Coal Co.
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Eastern District of New York. Action by Charles Sewchulis against the Lehigh Valley Coal Company.
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In Error to the District Court of the United States for the Eastern District of New York. Action by Charles Sewchulis against the Lehigh Valley Coal Company. There was a judgment or order setting aside service of summons, and plaintiff brings error. . Writ of error to review & judgment or order which set aside the service of a summons issued out of the District Court in an action at common law, and served by delivering a copy thereof to an authorized ageut of the defendant at his office in the Southern district of New York. Defendant had no office nor agent, and transacted no business, within…
1Opinion of the Court
HOUGH, District Judge.
The sole question for review is whether by virtue of section 914, Rev. St. U. S. (Comp. St. 1913, § 1537), a summons issuing out of any District Court of the United States within the state of New York may be served anywhere within said state, and jurisdiction secured thereby.
The argument for this proposition is thát, since said section declares that “the practice, pleadings and forms and modes of proceeding in civil causes jin the District Courts] shall conform as near as may be to the practice and forms and modes of proceeding existing at the time in like causes in the…
2Cases cited3 opinions
- Kring v. MissouriSupreme Court of the United States · 1883
- Amy v. WatertownSupreme Court of the United States · 1889
- Bath County v. AmySupreme Court of the United States · 1872
3Cited by10 opinions
- Williams v. JamesDistrict Court, W.D. Louisiana · 1940
- Melekov v. CollinsDistrict Court, S.D. California · 1939
- J. E. Petty & Co. v. Dock Contractor Co.Court of Appeals for the Third Circuit · 1922
- Carby v. GrecoDistrict Court, W.D. Kentucky · 1940
- Keller v. American Sales Book Co.District Court, W.D. New York · 1936
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