Legal Opinion
Koehler v. Clark
Court of Appeals for the Ninth Circuit
Decided November 15, 1948No. 11746PublishedCited by 5 opinions
1Opinion of the Court
McCORMICK, District Judge.
This is an appeal by the executors and trustees of the last will and codicil thereto of Bertha Koehler, deceased, and by Kurt H. Koehler in his individual status, from the “final judgment order” of the District Court for the District of Oregon dismissing an action for want of jurisdiction.
Specifically, the court below, after trial, concluded that the cause being against the Alien Property Custodian was actually a suit against the United States of America, and that inasmuch as the sovereign has not consented to be made a codefendant, no foundation in law existed for…
2Cases cited7 opinions
- Markham v. CabellSupreme Court of the United States · 1946
- Central Union Trust Co. of NY v. GarvanSupreme Court of the United States · 1921
- Commercial Trust Co. of NJ v. MillerSupreme Court of the United States · 1923
- Silesian-American Corp. v. ClarkSupreme Court of the United States · 1947
- Banco Mexicano De Commercio E Industria v. Deutsche BankSupreme Court of the United States · 1923
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hermann v. BrownellCourt of Appeals for the Ninth Circuit · 1960
- Boston Safe Deposit & Trust Co. v. Alfred UniversityMassachusetts Supreme Judicial Court · 1959
- Clark v. Continental Nat. Bank of Lincoln, Neb.District Court, D. Nebraska · 1949
- Farbenfabriken Bayer A. G. v. Sterling Drug, Inc.Court of Appeals for the Third Circuit · 1958
- Frieda Hermann, as Sole Remaining Trustee Under Trust Agreement Dated March 30, 1946, by and Between Fred Nagel, Donor, and Frieda Hermann and Hazel Ouse, Trustees v. Herbert Brownell, Jr., Attorney General of the United States, Herbert Brownell, Jr., Attorney General of the United States v. Frieda Hermann, as Sole Remaining Trustee Under Trust Agreement Dated March 30, 1946, by and Between Fred Nagel, Donor, and Frieda Hermann and Hazel Ouse, TrusteesCourt of Appeals for the Ninth Circuit · 1960