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BUTLER v. UNGERLEIDER

No. 156, Docket 21883.

187 F.2d 238 (1951)

BUTLER v. UNGERLEIDER.

United States Court of Appeals Second Circuit.

Decided February 16, 1951.

Attorney(s) appearing for the Case

William A. Butler, Brooklyn, N. Y. (Vine H. Smith, Brooklyn, N. Y., of counsel), for plaintiff-appellant.

Morton Frederick, New York City, for defendant-appellee.

Before CHASE, CLARK, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

1. On the facts here, the order quashing service was appealable.1

2. The suit is ancillary to the original action in which defendant's assignor obtained the judgment against plaintiff in the court below. Accordingly, as defendant is a privy to the party who obtained that judgment, the court had jurisdiction of this suit, and service within the district was unnecessary...

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