Chaplin v. Clancy

Second Circuit

Chaplin v. Clancy

209 F.2d 958

CourtCourt of Appeals for the Second Circuit

DecidedFebruary 11, 1954

DocketDocket 22976

StatusPublished

This text of 209 F.2d 958 (Chaplin v. Clancy) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Chaplin v. Clancy, 209 F.2d 958 (2d Cir. 1954).

Pincite

Opinion

PER CURIAM.

There is uncertainty as to our power to act in the premises; but wo are clear that the state court of first instance or on appeal has full authority to settle the issue as to the validity of the service of process upon defendant Chaplin. See N. Y.Civil Practice Act, § 237-a(4); 17th Ann.Rep.N.Y. Judicial Council 62, 63 (1951). That tribunal, we believe, is now the appropriate one for all adjudication in the premises.

The petition is denied.

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PER CURIAM.

There is uncertainty as to our power to act in the premises; but wo are clear that the state court of first instance or on appeal has full authority to settle the issue as to the validity of the service of process upon defendant Chaplin. See N. Y.Civil Practice Act, § 237-a(4); 17th Ann.Rep.N.Y. Judicial Council 62, 63 (1951). That tribunal, we believe, is now the appropriate one for all adjudication in the premises.

The petition is denied.

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Bluebook (online)

209 F.2d 958, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chaplin-v-clancy-ca2-1954.