Legal Opinion

Smith v. Jennings

Court of Appeals for the Fifth Circuit

Decided December 11, 1915No. 2928PublishedCited by 15 opinions

Appeal from the District Court of the United States for the Southern District of Georgia; Emory Speer, Judge. Bill by Zadock Smith and others against Mrs. M. S. Jennings and others. From interlocutory orders appointing receivers,. etc., defendants appeal.

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Appeal from the District Court of the United States for the Southern District of Georgia; Emory Speer, Judge. Bill by Zadock Smith and others against Mrs. M. S. Jennings and others. From interlocutory orders appointing receivers,. etc., defendants appeal. This is an appeal by the defendants in the court below from two interlocutory orders, made by the District Court on May 1, 1916, appointing receivers for the estate of James M. Smith, deceased, and enjoining interference with the possession of the receivers of the property and assets of the estate when acquired. James M. Smith died a…

1Opinion of the CourtGrubb, District Judge

("after stating the facts as above). [1,2] The solution of the question presented by the appeal depends upon the extent of the jurisdiction of a United States District Court, sitting in equity, over the general administration of the estates of decedents, in cases where a state court of general jurisdiction in matters of probate 'has already acquired jurisdiction of the estate. That tire courts of the United States, sitting in equity, have no general jurisdiction in matters of probate and the administration of the estates of decedents, is lyell settled. In the case of Broderick’s Will, 21…

2Cases cited17 opinions

  1. Simon v. Southern Railway Co.Supreme Court of the United States · 1915
  2. Farmers' Loan & Trust Co. v. Lake Street Elevated RailroadSupreme Court of the United States · 1900
  3. Case of Broderick's WillSupreme Court of the United States · 1875
  4. Byers v. McAuleySupreme Court of the United States · 1893
  5. Wabash Railroad v. Adelbert College of Western Reserve UniversitySupreme Court of the United States · 1908

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3Cited by15 opinions

  1. Strickland v. PetersCourt of Appeals for the Fifth Circuit · 1941
  2. Equitable Life Assur. Soc. of the United States v. SaftlasDistrict Court, E.D. Pennsylvania · 1940
  3. Jennings v. SmithDistrict Court, S.D. Georgia · 1917
  4. McClendon v. StraubCourt of Appeals for the Fifth Circuit · 1952
  5. Pierce v. National Bank of CommerceCourt of Appeals for the Eighth Circuit · 1922

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