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NELLIE H. GEACH, c., et al., complainants-respondents, v. THOMAS C.COLT, JR., et al., defendants-appellants.

1. By service of subpoena upon the defendant company, a New Jersey corporation, Chancery obtained such jurisdiction of the res — the property of the corporation — as to enable it to inquire into and determine complainant minority stockholders' rights in the property. The individual defendants, as stockholders, are proper parties to the proceedings and if brought into court by reasonable notice, will be bound by the adjudication of complainants' rights in the res.

2. Chancery acquired jurisdiction over the individual non-resident defendant stockholders through publication and mailing.

PER CURIAM.

The order appealed from will be affirmed, for the reasons stated in the opinion delivered by Vice-Chancellor Bigelow in the Court of Chancery. For affirmance — THE CHIEF-JUSTICE, CASE, BODINE, DONGES, HEHER, PERSKIE, PORTER, DEAR, WELLS, WOLFSKEIL, RAFFERTY, HAGUE, JJ. 12.

For reversal — None.

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GEACH v. COLT
(Jan 3, 1941)