Thorburn v. Gates
District Court, S.D. New York
At Law. Action by Robert H. Thorburn against Dellora R. Gates, as executrix. On motion to quash service of summons. Motion to quash the service of a summons in an action at law under section 7 of the Sherman Act. The defendant is executrix of two deceased persons, who are charged jointly with the wrongful acts which resulted in damage to the plaintiff. She is. a resident of Texas. The two decedents were Texans by residence and citizenship.
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At Law. Action by Robert H. Thorburn against Dellora R. Gates, as executrix. On motion to quash service of summons. Motion to quash the service of a summons in an action at law under section 7 of the Sherman Act. The defendant is executrix of two deceased persons, who are charged jointly with the wrongful acts which resulted in damage to the plaintiff. She is. a resident of Texas. The two decedents were Texans by residence and citizenship. She was appointed executrix by the proper Texas courts, who had probated the wills and are assuming administration of the two decedent estates. The summons…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1] Section 7 of the S'herman Act, in providing that the defendant may be served where “found,” did not intend to. extend the scope of the process of this court. It meant to remove the existing limitations upon the venue of actions between diverse citizens and to permit the plaintiff to sue the defendant wherever he could catch him with a process good where it was executed. In this respect it differs from the provisions of the Clayton Act (Act Oct. 15, 1914, c. 321) § 12, 38 Stat. 736, which gives a wider scope to the process itself. The validity of the…
2Cases cited9 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Goldey v. Morning NewsSupreme Court of the United States · 1895
- Vaughan v. NorthupSupreme Court of the United States · 1841
- Dewey v. Des MoinesSupreme Court of the United States · 1899
- Stacy v. Thrasher Ex Rel. SellersSupreme Court of the United States · 1848
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Freeman v. Bee MacHine Co., IncSupreme Court of the United States · 1943
- Orange Theatre Corp. v. Rayherstz Amusement Corp.Court of Appeals for the Third Circuit · 1944
- Saverio D. Iovino and Leonard P. Luisi v. George Waterson, Jr., Frances E. Carlin, as Administratrix of George Waterson, Sr., Deceased, SubstitutedCourt of Appeals for the Second Circuit · 1959
- Knoop v. AndersonDistrict Court, N.D. Iowa · 1947
- Meyer Braun, D/B/A Rex the Tailor v. Theodore W. Berenson, D/B/A Gulfgate Shopping CenterCourt of Appeals for the Fifth Circuit · 1970
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