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Wyman v. Newhouse

United States Court of Appeals for the Second Circuit
93 F.2d 313 (2d Cir. 1937)


Facts

Newhouse (defendant) was induced by Wyman (plaintiff) to fly from New York to Miami, Florida, to see Wyman on urgent business; Wyman claimed that she loved Newhouse, and that she wished to see him before she left for Ireland to care for her sick mother. When Newhouse arrived at Miami airport, he saw Wyman, who was accompanied by a deputy sheriff. The sheriff served him with a summons for a lawsuit, and a photographer attempted to capture the event on film.   Newhouse left Miami that night and returned to New York. Upon advice of counsel, Newhouse ignored the summons and the Florida district court entered a default judgment against him. When Wyman attempted to enforce the judgment, the district court dismissed the action, and Wyman appealed.

Rule of Law

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Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Manton, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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