Legal Opinion
Butler v. Ungerleider
Court of Appeals for the Second Circuit
Decided February 16, 1951No. 21883_1PublishedCited by 9 opinions
1Opinion of the Court
*239FRANK, Circuit Judge.
1. On the facts here, the order quashing service was appealable.1
2. The suit is ancillary to the original action in which defendant’s assignor obtained the judgment against plaintiff in the court below. Accordingly, as defendant is a privy to the party who obtained that judgment, the court had jurisdiction of this suit, and service within the district was unnecessary. All that was required was an order, for adequate notice to defendant, based upon an appropriate showing.2 As plaintiff met those requirements, the order quashing service was erroneous.
Reversed.. Rosenberg…
2Cases cited10 opinions
- Leman v. Krentler-Arnold Hinge Last Co.Supreme Court of the United States · 1932
- Rosenberg Bros. & Co. v. Curtis Brown Co.Supreme Court of the United States · 1923
- Pacific Railroad of Missouri v. Missouri Pacific Ry. Co. And Others. 1Supreme Court of the United States · 1884
- Minnesota Co. v. St. Paul Co.Supreme Court of the United States · 1865
- Dunn v. ClarkeSupreme Court of the United States · 1834
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In Re Pure Penn Petroleum Co., Inc. In Re SheehanCourt of Appeals for the Second Circuit · 1951
- Roth v. W. T. Cowan, Inc.District Court, E.D. New York · 1951
- Rand v. Anaconda-Ericsson, Inc.District Court, E.D. New York · 1985
- Jane Greer Kelly v. Agnes J. Reeves GreerCourt of Appeals for the Fifth Circuit · 1965
- Butler v. UngerleiderDistrict Court, E.D. New York · 1951
4 more not listed; retrieve them via the Exa API.