U.S. Court of Appeals for the D.C. Circuit, 1958

Margot Von Opel v. Fritz Von Opel

U.S. Court of Appeals for the D.C. Circuit · Decided September 4, 1958 · Edgerton, Martin, Fahy

257 F.2d 666 (Federal Reporter, Second Series)

Counsel

Mr. Alfred J. Jollon, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Mr. Russell Hardy, Washington, D. C., was on the brief, for appellant. Mr. Russell Hardy, Jr., Washington, D. C., also entered an appearance for appellant., Mr. Chester C. Shore, Washington, D. C., with whom Messrs. Jack Wasser-man and David Carliner, Washington, D. C., were on the brief, for appellee.

Cases that cite this one

1 later published case cites this decision.

Franklin National Bank v. Krakow (District Court, District of Columbia 1969)

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Opinion

PER CURIAM.

Appellant sued in the District of Columbia to enforce a judgment obtained against appellee in New York. It is not enforcible here as a money judgment, because appellee was not a resi *667 dent of New York and was not personally served with process there. Stock certificates that had been vested by the Alien Property Custodian, and were in New York, are now in the District of Columbia. But vested property cannot be reached by attachment or execution. Von Opel v. Uebersee Finanz Korporation, 96 U.S.App.D.C. 230, 225 F.2d 530.

In declining to permit amendment of •appellant’s complaint, the District Court did not abuse its discretion.

Affirmed.

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