Central Trust Co. of New York v. Benedict
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Nebraska. This was an intervening- petition filed by the appellees, James II. Benedict, Isaac H. Bromley, and P. It Pendleton, in the circuit courts of the United States fdr the districts of Nebraska, Kansas, and the Western district of Missouri, which was subsequently heard and determined in the district of Nebraska.
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Appeal from the Circuit Court of the United States for the District of Nebraska. This was an intervening- petition filed by the appellees, James II. Benedict, Isaac H. Bromley, and P. It Pendleton, in the circuit courts of the United States fdr the districts of Nebraska, Kansas, and the Western district of Missouri, which was subsequently heard and determined in the district of Nebraska. The controversy arose out of the following facts, concerning which there is no substantial dispute: On July 1, 1885, the St. Joseph & Grand Island Bailroad Company, a corporation of the state of Kansas, made…
1Opinion of the CourtThayer, Circuit Judge
The principal question discussed by counsel in their briefs is whether the circuit court had jurisdiction to make the order from which the a.ppeal was taken. In this behalf it is contended for the appellant that inasmuch as the circuit court cou Id not have entertained a suit between the appellant and the appellees, both of them being citizens of the state of New York, and inasmuch as it had not acquired possession of the fund in controversy, either actual or constructive, it had no power to make the order appealed from, and the same is void. It may be conceded that the jurisdictional point…
2Cases cited3 opinions
- Vermont & Canada Railroad v. Vermont Central RailroadSupreme Court of Vermont · 1873
- Sercomb v. CatlinIllinois Supreme Court · 1889
- Schindelholz v. CullumCourt of Appeals for the Eighth Circuit · 1893
3Cited by2 opinions
- St. Louis-San Francisco R. v. ByrnesCourt of Appeals for the Eighth Circuit · 1928
- Eisenmann v. Delemar's Nevada Gold-Min. Co.U.S. Circuit Court for the District of Nevada · 1898