Case v. Terrell
Supreme Court of the United States
Appeal from the Circuit Court for the District of Louisiana. Terrell and others, creditors of the First National Bank of New Orleans, which had failed and been put into liquidation, brought this bill in chancery in the court below against one Case, who on the failure of the bank had been appointed receiver of it, Hurlburd, Comptroller of the Currency of the United States,, and one May and Beauregard, citizens of Louisiana.
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Appeal from the Circuit Court for the District of Louisiana. Terrell and others, creditors of the First National Bank of New Orleans, which had failed and been put into liquidation, brought this bill in chancery in the court below against one Case, who on the failure of the bank had been appointed receiver of it, Hurlburd, Comptroller of the Currency of the United States,, and one May and Beauregard, citizens of Louisiana. The prayer for relief was that a certain admitted debt due to the United States from the bank be ascertained; that they (the United States) be charged with certain sums,…
1Opinion of the CourtJustice Miller
It is seen, from the bill and decree, that while the United States was not made a defendant, and while it is well settled that it could not be sued in the court below, the only relief prayed by the bill was- relief against the United States, and the only decree rendered which was not merely formal was a decree against the United States for over $200,000, and a further decree barring the right to assert her priority as a creditor of the bank in the distribution of its funds.
It is strange that in any court professing to administer the. English system of equitable jurisprudence such a decree…
2Cited by53 opinions
- United States v. LeeSupreme Court of the United States · 1882
- Minnesota v. United StatesSupreme Court of the United States · 1939
- Belknap v. SchildSupreme Court of the United States · 1896
- Workman v. New York CitySupreme Court of the United States · 1900
- Stanley v. SchwalbySupreme Court of the United States · 1896
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