William J. Flanagan v. N. Lumber Co., Inc., 222 F.2d 539 (2d Cir. 1955). · Go Syfert
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William J. Flanagan v. N. Lumber Co., Inc., 222 F.2d 539 (2d Cir. 1955). Cases Citing This Book View Copy Cite
2 citation events across 2 distinct courts.
Strongest positive: Nowell v. Nowell (mad, 1968-12-31)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see" Nowell v. Nowell
D. Mass. · 1968 · signal: accord · confidence high
Accord (as to the impact of Rule 18(b)) Flanagan v. Northern Lumber Co., 17 F.R.D. 432 (N.D.N.Y.1954), appeal dismissed, 222 F.2d 539 (2d Cir. 1955) ; American Surety Co. of New York v. Edwards & Bradford Lumber Co., 57 F.Supp. 18, 25-26 (N.D.
Retrieving the full opinion text from the archive…
William J. FLANAGAN, Plaintiff-Appellee,
v.
NORTHERN LUMBER COMPANY, Inc., Defendant-Appellant
23501_1.
Court of Appeals for the Second Circuit.
May 19, 1955.
222 F.2d 539
Cross & Steates, Francis C. Steates, Utica, N. Y., for appellant., Carroll, Amyot & Doling, Saratoga Springs, N. Y. (James F. Carroll, Sara-toga Springs, N. Y., of counsel), for ap-pellee.
Frank, Hincks, Medina, Per Curiam.
Cited by 2 opinions  |  Published
PER CURIAM.

In addition to setting up its defenses to plaintiff’s claim, defendant included in its answer four counterclaims, three for money damages against plaintiff’s assignors and one for a judgment declaring certain conveyances of real and personal property made by plaintiff’s assignors to certain named defendants to be void and declaring any judgments obtained on the first three counterclaims “to be a lien upon said property.” One of the defendants named in the fourth counterclaim is Ida Ohlson, a resident of the State of Illinois, to whom plaintiff’s assignor had transferred certain real property located in the Northern District of New York. Northern Lumber Company sought an order authorizing service on Ida Ohlson by publication, pursuant to 28 U.S.C. § 1655. The district judge made an order, 17 F.R.D. 432, denying the motion. From that order Northern Lumber Company appeals.

The order in question was not final. Absent any final order whatever, by no possible interpretation of Fed.Rules Civ. Proc. rule 54(b), 28 U.S.C.A., could an appeal be proper even if the judge had made a certificate of finality pursuant to that Rule.

Appeal dismissed.