Blumberg v. A. B. & E. L. Shaw Co.

U.S. Circuit Court for the District of Southern New York

Blumberg v. A. B. & E. L. Shaw Co.

131 F. 608, 1904 U.S. App. LEXIS 4938

U.S. Circuit Court for the District of Southern New York·Decided July 19, 1904·No. No. 2·Published·Cited by 2 cases

Opinion

LACOMBE, Circuit Judge.

1. The motion to remand this cause to the state court is denied.

2. The motion to vacate the attachment granted by the state court is denied on the sole ground that the removal act (Act March 3, 1875, c. 137, § 4,18 Stat. 471 [U. S. Comp. St. 1901, p. 511]) provides that it shall not be disturbed, and without expressing any opinion as to whether the attachment can ever become fruitful in the event that no personal service be effected nor appearance entered, service by publication not being provided for by federal practice in actions such as this.

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LACOMBE, Circuit Judge.

1. The motion to remand this cause to the state court is denied.

2. The motion to vacate the attachment granted by the state court is denied on the sole ground that the removal act (Act March 3, 1875, c. 137, § 4,18 Stat. 471 [U. S. Comp. St. 1901, p. 511]) provides that it shall not be disturbed, and without expressing any opinion as to whether the attachment can ever become fruitful in the event that no personal service be effected nor appearance entered, service by publication not being provided for by federal practice in actions such as this.

Blumberg v. A. B. & E. L. Shaw Co., 131 F. 608, 1904 U.S. App. LEXIS 4938 (circtsdny 1904).

Pincite

131 F. 608 (Blumberg v. A. B. & E. L. Shaw Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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