SCHWARTZ v. MINER


133 A.2d 599 (1957)

Fred J. SCHWARTZ, Plaintiff, v. Henry C. MINER, Jr., Leslie R. Schwartz, Samuel Goodman, Andrew A. Nelson, James P. McAllister, Martin H. Newman, Frank Milton, and Harold S. Miner, and Benjamin D. Gladstone, Joseph M. Geoghan, Ralph Lager, Harold H. Newman, Walter Dunn, Irving L. Eisenstat, Leon Greenberg, William H. Applegate, Jack R. Weinstein, Charles Call, and Allen Grant, and Century Circuit, Inc., a New York Corporation, and Combined Century Theatres, Inc., a Delaware Corporation, and Twain Realty Corporation, a New York Corporation, and Conwall Realty Corporation, a New York Corporation, and Century Circuit, Inc., a Delaware Corporation, Defendants.

Court of Chancery of Delaware, New Castle.

June 25, 1957.


Attorney(s) appearing for the Case

Arthur G. Logan and Aubrey B. Lank (of Logan, Marvel, Boggs & Theisen), Wilmington, for plaintiff.

S. Samuel Arsht, Andrew Kirkpatrick, Jr., and Harvey S. Kronfeld (of Morris, Steel, Nichols & Arsht), Wilmington, for defendant, Harold S. Miner.


SEITZ, Chancellor.

This is a stockholder's derivative action brought against certain corporate and individual defendants. The individual defendants all being non-residents, process was requested and issued under 10 Del.C. § 366. This so-called sequestration statute authorizes the seizure of the Delaware property of non-residents to compel their appearance.

The sequestrator's report disclosed that no property of the defendant, Harold S. Miner ("defendant...

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