Legal Opinion

Geer v. Mathieson Alkali Works

Supreme Court of the United States

Decided June 1, 1903No. 261PublishedCited by 86 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This is an appeal from an order dismissing appellants’ bill for want of due service of process. The suit is in equity, and was commenced in the Supreme Court of thé State of New York to set aside the conveyance made by the Mathieson Alkali Company to the Castner Electrolytic Alkali Company, on the ground that the conveyance was fraudulent.

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This is an appeal from an order dismissing appellants’ bill for want of due service of process. The suit is in equity, and was commenced in the Supreme Court of thé State of New York to set aside the conveyance made by the Mathieson Alkali Company to the Castner Electrolytic Alkali Company, on the ground that the conveyance was fraudulent. The' directors of the former company were made defendants. On the petition of the defendant companies the case was.removed to the Circuit Court of the United States…

1Opinion of the CourtJustice McKenna

The facts and arguments by .which it is attempted to sustain the service on the Mathieson Company áre the same as were presented in. the case of Conley v. The Mathieson Alkali Works, decided May 4 of this term, ante, p. 406. On the authority'of that case the service in this must be held insufficient to give jurisdiction of the Mathieson Company, and the order of the Circuit Court setting aside the service of summons must be affirmed if the case was properly-removed to that court. And this depends upon the question whether the complaint exhibits a separable controversy between the plaintiffs…

2Cases cited4 opinions

  1. Barney v. LathamSupreme Court of the United States · 1881
  2. Ayres v. WiswallSupreme Court of the United States · 1884
  3. Hyde v. RubleSupreme Court of the United States · 1882
  4. Fraser v. JennisonSupreme Court of the United States · 1882

3Cited by86 opinions

  1. St. Louis Southwestern Railway Co. of Texas v. AlexanderSupreme Court of the United States · 1913
  2. Salem Trust Co. v. Manufacturers' Finance Co.Supreme Court of the United States · 1924
  3. Pennsylvania Lumbermen's Mutual Fire Insurance v. MeyerSupreme Court of the United States · 1905
  4. Boatmen's Bank v. FritzlenCourt of Appeals for the Eighth Circuit · 1905
  5. Remington v. Central Pacific RailroadSupreme Court of the United States · 1905

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