209 F2d 958 Chaplin v. W Clancy
209 F.2d 958
Charles CHAPLIN, Petitioner,
Hon. John W. CLANCY, District Judge of the United States for
the Southern District of New York, Respondent.
United States Court of Appeals
Argued Feb. 1, 1954.
Decided Feb. 11, 1954.
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.
Before CLARK, FRANK and HINCKS, Circuit Judges.
There is uncertainty as to our power to act in the premises; but we 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, Sec. 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.