United States Supreme Court Cases & Opinions

U.S. Supreme Court

Rorick v. Devon Syndicate, Ltd., 307 U.S. 299 (1939)

Rorick v. Devon Syndicate, Ltd.

No. 676

Argued April 24, 1939

Decided May 22, 1939

307 U.S. 299

Syllabus

1. Review is confined to the questions urged in the petition for certiorari. P. 307 U. S. 303.

2. The fact that he is an employee of a corporation of which the plaintiff in the case is president does not disqualify a notary public under § 11532, General Code of Ohio, from taking an affidavit in attachment or garnishment. P. 307 U. S. 303.

Page 307 U. S. 300

3. Under the General Code of Ohio, §§ 11279, 11819, when a civil action for money has been begun by filing the petitioner and issuing summons, an attachment or garnishment is not premature because obtained prior to personal service or before commencement of service by publication. P. 307 U. S. 306.

4. Under R.S. §§ 646 and 915, where an action has been removed to the federal court after the state court had acquired jurisdiction in rem by attachment or garnishment, the federal court, without prior personal service of summons, has the same jurisdiction to extend the attachment or garnishment to other property as the state court would have had under the state law if the case had not been removed. Big Vein Coal Co. v. Read, 229 U. S. 31, limited. P. 307 U. S. 312.

100 F.2d 844 reversed.

Certiorari, 306 U.S. 626, to review the affirmance of a judgment discharging an attachment and garnishment and dismissing the petition, in an action removed from a state court on the ground of diverse citizenship.