PIRNIE v. ANDREWS


30 F.Supp. 157 (1939)

PIRNIE v. ANDREWS et al.

District Court, S. D. New York.

October 5, 1939.


Attorney(s) appearing for the Case

McLaughlin & Stickles, of Mount Vernon, N. Y. (Frank H. Foley, of Mount Vernon, N. Y., of counsel), for plaintiff.

Stanley Osserman, of New York City (Ira M. Belfer, of New York City, of counsel), for defendant Eleanor U. Andrews.


GODDARD, District Judge.

This is a motion to remand on the ground that the State Court never had jurisdiction over the removing defendant, as that defendant is a foreign executrix and had no standing in the State Court and was never entitled to remove.

Under Rule 17(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, defendant's status must be determined by the law of the State of New York.

A foreign executrix may not sue...

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