In Re Rice
Supreme Court of the United States
No number. Receivers of the Philadelphia and Reading Railroad and Philadelphia and Reading Coal and Iron Companies were appointed February 20,1S93, by the Circuit Court for the Eastern District of Pennsylvania, upon a bill for foreclosure filed by a holder of third preference income bonds of those companies. • Leave was subsequently granted the receivers to issue certificates for the purpose of paying wages and other preferred claims.
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No number. Receivers of the Philadelphia and Reading Railroad and Philadelphia and Reading Coal and Iron Companies were appointed February 20,1S93, by the Circuit Court for the Eastern District of Pennsylvania, upon a bill for foreclosure filed by a holder of third preference income bonds of those companies. • Leave was subsequently granted the receivers to issue certificates for the purpose of paying wages and other preferred claims. The receivers and the railroad company filed a petition September 25, 1894, for authority to enter into an agreement for the partial readjustment of the affairs…
1Opinion of the CourtChief Justice Fuller
Without discussing the various matters urged.upon our attention by counsel for the petitioner, it is sufficient to say that we ai-e of opinion that the leave asked for cannot be granted.
1. Where it appears that the court whose action is sought to be prohibited has clearly no jurisdiction of the cause originally, or of some collateral matter arising therein, a party who has objected to the jurisdiction at the outset and has no other remedy is entitled to a writ of prohibition as a matter of right. But where there is another legal remedy by appeal or otherwise, or where the question of the…
2Cases cited3 opinions
- Smith v. WhitneySupreme Court of the United States · 1886
- American Construction Co. v. Jacksonville, Tampa & Key West Railway Co.Supreme Court of the United States · 1893
- In Re CooperSupreme Court of the United States · 1892
3Cited by67 opinions
- Ex Parte Bakelite Corp'n.Supreme Court of the United States · 1929
- In Re Bordley's Petition for Writ of MandamusSupreme Court of Delaware · 1988
- Ex Parte HardingSupreme Court of the United States · 1911
- Kaufman Construction Co. v. HolcombSupreme Court of Pennsylvania · 1947
- Ex Parte NebraskaSupreme Court of the United States · 1908
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