Legal Opinion
Ellerbe v. Studebaker Corporation of America
Court of Appeals for the Fourth Circuit
Decided October 18, 1927No. 2626PublishedCited by 28 opinions
1Opinion of the Court
PARKER, Circuit Judge.
Although this cause was instituted and heard in the court below as an action at law, and was brought here by writ of error, it is, in reality, a suit in equity to establish a trust in or a lien upon certain funds in the hands of the receiver of an insolvent national bank. No point, however, has been made with respeet to this, and, as the procedure followed below was that appropriate to the trial of a suit in equity, and as we are authorized to treat the writ of error as an appeal, we shall follow the course pursued by us in National Surety Co. v. Board of Education, 15…
2Cases cited20 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Scott v. ArmstrongSupreme Court of the United States · 1892
- Commercial Bank of Pa. v. ArmstrongSupreme Court of the United States · 1893
- Empire State Surety Co. v. Carroll CountyCourt of Appeals for the Eighth Circuit · 1912
- City Bank of Hopkinsville v. BlackmoreCourt of Appeals for the Sixth Circuit · 1896
15 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- United States v. Robert Lee HagerCourt of Appeals for the Tenth Circuit · 1992
- Schumacher v. HarriettCourt of Appeals for the Fourth Circuit · 1931
- Swan v. Children's Home Soc. of West VirginiaCourt of Appeals for the Fourth Circuit · 1933
- Lifsey v. Goodyear Tire & Rubber Co.Court of Appeals for the Fourth Circuit · 1933
- City of Miami v. First Nat. Bank of St. Petersburg, Fla.Court of Appeals for the Fifth Circuit · 1932
23 more not listed; retrieve them via the Exa API.