Blumenthal v. Blumenthal

Decision Date26 February 1945
Citation59 A.2d 216,28 Del.Ch. 448
CourtUnited States State Supreme Court of Delaware
PartiesALFRED BLUMENTHAL AND MIRIAM ROGERS, Defendants Below, Appellants, v. MARGARET FEARS BLUMENTHAL, Complainant Below, Appellee

Appeal from Court of Chancery, New Castle County.

John J. Morris, of Hering, Morris, James and Hitchens, for appellants.

Aaron Finger, of Richards, Layton and Finger for appellee.

Layton, C. J., and Richards, Rodney, Speakman and Terry, JJ.

OPINION

PER CURIAM

We find no substantial error in the proceedings in this case, and the decree is therefore affirmed. A restatement of the pertinent principles by another and independent opinion would result in no apparent advantage. (See ante p. 1 for opinion below.)

In addition to the authorities cited in the court's opinion (ante p. 1, 35 A.2d 831) some additional support may be found in Quarl v. Abbott, 102 Ind. 233, 1 N.E. 476, 52 Am. Rep. 662, and in cases listed in 126 A.L.R. 664, and 145 A.L.R. 1394.

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5 cases
  • U.S. Industries, Inc. v. Gregg
    • United States
    • U.S. Court of Appeals — Third Circuit
    • July 19, 1976
    ...interests in both real and personal property." Blumenthal v. Blumenthal, 28 Del.Ch. 1, 35 A.2d 831, 836 (Ch.1944), aff'd 28 Del.Ch. 448, 59 A.2d 216 (Sup.Ct.1945); Sands v. Lefcourt Realty Corp., supra. That an interest is contingent does not make it nonsequestrable. Weinress v. Bland, 31 D......
  • US Industries, Inc. v. Gregg
    • United States
    • U.S. District Court — District of Delaware
    • September 28, 1972
    ...interests seizable by foreign attachment at law. Blumenthal v. Blumenthal, 28 Del.Ch. 1, 35 A.2d 831, 836 (1944), aff'd 28 Del.Ch. 448, 59 A.2d 216 (1945); Sands v. Lefcort Realty Corp., 35 Del.Ch. 340, 117 A.2d 365 (1955). With this understanding as a base, Delaware courts, confronted with......
  • Cheff v. Athlone Industries, Inc.
    • United States
    • United States State Supreme Court of Delaware
    • July 19, 1967
    ...such interest may be sequestered under the law of Delaware, citing Blumenthal v. Blumenthal, 28 Del.Ch. 1, 35 A.2d 831, aff'd 28 Del.Ch. 448, 59 A.2d 216 (1945) and Greene v. Johnston, 34 Del.Ch. 115, 99 A.2d 627, 42 A.L.R.2d 906 (1953). The Chancery Court so held. We are unable to It appea......
  • E. M. Fleischmann Lumber Corp. v. Resources Corp. Intern., 326
    • United States
    • Court of Chancery of Delaware
    • July 16, 1953
    ...is well recognized and, indeed, was specifically approved in Blumenthal v. Blumenthal, 28 Del.Ch. 1, 35 A.2d 831, affirmed, 28 Del.Ch. 448, 59 A.2d 216. But defendant, Vancouver, points out that the complaint as now drawn specifically prays for a rescission and not for a money judgment. The......
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