Kinney v. Crocker
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. The verdict and judgment in this case were for the plaintiff ; and the defendant appealed. The grounds of the appeal are sufficiently stated in the opinion. 1. The receiver is an officer of the court by which he was appointed, and his possession is the possession of the court; so that in fact this action is against that court.
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APPEAL from the County Court of Milwaukee County. The verdict and judgment in this case were for the plaintiff ; and the defendant appealed. The grounds of the appeal are sufficiently stated in the opinion. 1. The receiver is an officer of the court by which he was appointed, and his possession is the possession of the court; so that in fact this action is against that court. But no court allows itself to be brought into another court as a party, when it possesses full power and j urisdiction to do complete j ustice to all concerned. The former practice was for the court which had made the…
1Opinion of the Court
*77By the Court,
Paine, J.
This suit was brought to recover for injuries occasioned to the plaintiff by the alleged negligence of the agents and servants of the defendant, in running a train of cars across a street in the city of Milwaukee without proper warning. The defendant was at the time in possession of and operating the railroad as receiver under the orders of the U. S. District Court. The court below was asked to instruct the jury that unless they should find that the plaintiff had leave from the district court to bring this suit, he could not recover; which was refused, and an exception…
2Cases cited4 opinions
- Freeman v. HoweSupreme Court of the United States · 1861
- Wiswall v. SampsonSupreme Court of the United States · 1853
- Fero v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860
- Shepard v. Milwaukee Gas Light Co.Wisconsin Supreme Court · 1862
3Cited by45 opinions
- Barton v. BarbourSupreme Court of the United States · 1881
- Diners Club, Inc. v. A. J. Bumb, Trustee of Dashew Business MacHines Inc.Court of Appeals for the Ninth Circuit · 1970
- Keyes v. City of Cedar FallsSupreme Court of Iowa · 1899
- Heddles v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1889
- Baker v. Denver Tramway Co.Supreme Court of Colorado · 1922
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