Butler v. Ungerleider

We have already held the service of summons in this suit sufficient, Butler v. Ungerleider, 2 Cir., 187 F.2d 238, and have heretofore denied a motion to dismiss this appeal. It is from an order, 101 F.Supp. 379, staying all proceedings to enforce the judgment entered against the appellee in the prior suit until this action has been decided.

The denials of the motions for a stay in the suit in which the judgment was entered were no bar to the granting of this motion; nor was the denial of a similar motion in this suit, both by the court below and by us, before the sufficiency of the service of…