PROCESS-SERVICE BY PUBLICATION IN CREDITORS' SUITS

Authors

Abstract

The plaintiff, a citizen of Missouri, recovered a judgment against the defendant, a citizen of New York, in the federal district court, S. D., New York. Execution was issued and returned unsatisfied, and a creditors' bill was brought to subject the surplus of a trust fund in New York, of which the defendant was the cestui, to the satisfaction of the judgment. In the meantime the defendant bad moved to New Jersey, and service of process was had upon her by publication. On a motion to vacate the order allowing service by publication, the court held that the order allowing service by publication was proper under section 57 of the Judicial Code, 28 U. S. C. A. sec. 118, 36 Stat. L. 1102, which provides that it shall be lawful for the district court to order that process be served upon absent defendants by publication in any suit brought "to enforce any legal or equitable lien upon or claim to, or to remove any incumbrance, lien, or cloud upon the title to real or personal property within the district where such suit is brought." Spellman v. Sullivan et al. (S. D. N. Y. 1930) 43 F.(2d) 762.

Recommended Citation

PROCESS-SERVICE BY PUBLICATION IN CREDITORS' SUITS, 29 Mich. L. Rev. 942 (1931).
Available at: https://repository.law.umich.edu/mlr/vol29/iss7/31