U.S. Court of Appeals for the Second Circuit, 1954

Chaplin v. Clancy

U.S. Court of Appeals for the Second Circuit · Decided February 11, 1954

209 F.2d 958 (Federal Reporter, Second Series)

Counsel

Myles J. Lane, New York City (Schwartz & Frolich, Herbert P. Jacoby, and Stuart G. Schwartz, New York City, on the brief), for petitioner., Jay Leo Rothschild, New York City (Meyer Boskey, New York City, on the brief), in opposition.

Opinion of the Court

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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