Legal Opinion
Iris Calder Nowell v. Ames Nowell
Court of Appeals for the First Circuit
Decided November 17, 1969No. 7316PublishedCited by 4 opinions
1Opinion of the Court
ALDRICH, Chief Judge.
This case raises the question whether a non-resident plaintiff who has a foreign judgment against a non-resident defendant of another state may institute an action in the federal court by making an attachment, legal or equitable, upon funds held by a local trustee of a trust of which the defendant is the life beneficiary. The district court dismissed the action, 296 F.Supp. 640, and plaintiff appeals.
A preliminary question is one of subject-matter jurisdiction, it being elementary that, defendant being absent, plaintiff must establish the presence of a res. Hanson v.…
2Cases cited12 opinions
- Hanson v. DencklaSupreme Court of the United States · 1958
- Big Vein Coal Co. of W. Va. v. ReadSupreme Court of the United States · 1913
- Rorick v. Devon Syndicate, Ltd.Supreme Court of the United States · 1939
- George Graff v. Samuel Nieberg and Ida NiebergCourt of Appeals for the Seventh Circuit · 1956
- Margery G. Huntress v. Estate of Carroll B. Huntress, Deceased, Geneve HuntressCourt of Appeals for the Seventh Circuit · 1956
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3Cited by4 opinions
- System Operations, Inc. v. Scientific Games Development Corp.Court of Appeals for the Third Circuit · 1977
- British-American Insurance Company Ltd. v. LeeDistrict Court, D. Delaware · 1975
- Willametz v. SusiDistrict Court, D. Massachusetts · 1972
- System Operations, Inc. v. Scientific Games Development CorporationCourt of Appeals for the Third Circuit · 1977