Bell v. Ohio Life & Trust Co.
U.S. Circuit Court for the District of Southern Ohio
In equity. On the 10th of October, 1858, Bell and Grant filed in the clerk’s office of this court, a bill against the Ohio Life and Trust Company, then- assignees and others, upon which a subpoena was issued and served the same day upon five of the members of the company.
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In equity. On the 10th of October, 1858, Bell and Grant filed in the clerk’s office of this court, a bill against the Ohio Life and Trust Company, then- assignees and others, upon which a subpoena was issued and served the same day upon five of the members of the company. On the 18th, at ten o’clock a. m., upon notice to the defendants, who appeared in person and by.their solicitors, the judges of this court made an order appointing a receiver of the trust company, and enjoining the assignees from disposing of the assets and ordering them to hold the assets subject to the further order of the…
1Opinion of the Court
McLEAN, Circuit Justice.
If the priority of jurisdiction depends upon the order just made, there is no question it belongs to the United States court.
But it is claimed on the other side, that the priority of jurisdiction depends upon the commencement of the suit, and that the suit in the superior court was first commenced; and therefore the jurisdiction first attached in that court.
It is not controverted, that service of process was first made in the United States court; and that the first order in relation to the assets was made by that court; but it is alleged that the suit in the superior…
2Cases cited12 opinions
- Murray v. BallouNew York Court of Chancery · 1815
- Gould v. HayesSupreme Court of Alabama · 1851
- Bank of Bellows Falls v. Rutland & Burlington RailroadSupreme Court of Vermont · 1856
- Ex parte HolmanSupreme Court of Iowa · 1869
- Gowings v. LoydTexas Supreme Court · 1849
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3Cited by12 opinions
- Adams v. Mercantile Trust Co.Court of Appeals for the Fifth Circuit · 1895
- Craig & Bumgardner v. Hoge & HutchinsonSupreme Court of Virginia · 1897
- Ward v. FoulkrodCourt of Appeals for the Third Circuit · 1920
- Rodgers v. PittU.S. Circuit Court for the District of Nevada · 1899
- Pitt v. RodgersCourt of Appeals for the Ninth Circuit · 1900
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