IN RE LANSLEY

No. 380.

7 F.2d 888 (1925)

In re LANSLEY. Petition of LEWIS.

Circuit Court of Appeals, Second Circuit.

June 1, 1925.


Attorney(s) appearing for the Case

Bernard Hershkopf and Saul S. Myers, both of New York City, for petitioner.

Reynolds, Richards, McCutcheon & Logan, of New York City (Royal F. Shepard, of New York City, of counsel), as amicus curiæ.

Before HOUGH, MANTON, and HAND, Circuit Judges.


PER CURIAM.

We agree with the court below that, since there was no property in the custody of the court affected by the apparent legal title outstanding in Smith, service of the show cause order in New Jersey gave no jurisdiction to the court for the Eastern district of New York. Remington (3d Ed.) § 34, vol. 1, p. 64 et seq.

The proper practice would have been to apply for ancillary summary process in the New Jersey district. Babbitt v. Dutcher,

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