Legal Opinion

Kirk v. United States

U.S. Circuit Court for the District of Northern New York

Decided July 11, 1903PublishedCited by 6 opinions

This is a motion for'a rule or order enjoining the defendants, and each of them, during the pendency of this suit, from taking any proceedings whatever under and pursuant to the execution referred to in the bill of complaint, and which was issued upon a judgment and proceedings in the District Court of the United States for the Eastern Division of the Southern District of Georgia, and from in any manner attempting to collect the amount of the execution or any part thereof.

1Opinion of the Court

RAY, District Judge.

Prior to the 20th day of January, 1902, an indictment was found against one John F. Gaynor and others in the United States District Court for the Eastern Division of the Southern District of Georgia, and which indictment charged the said Gaynor and others with having unlawfully, knowingly, and feloniously confederated, etc., to defraud the government of the United States, and with having defrauded the said government of a large amount of money, contrary to law, pursuant to such conspiracy. The said John F. Gaynor is, and at all times, both before and at the time of finding…

2Cases cited34 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. United States v. ThrockmortonSupreme Court of the United States · 1878
  3. Thompson v. WhitmanSupreme Court of the United States · 1874
  4. Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
  5. Krippendorf v. HydeSupreme Court of the United States · 1884

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3Cited by6 opinions

  1. United States v. ZarafonitisCourt of Appeals for the Fifth Circuit · 1907
  2. Collin County Nat. Bank v. HughesCourt of Appeals for the Eighth Circuit · 1907
  3. Kirk v. United StatesU.S. Circuit Court for the District of Northern New York · 1904
  4. Universal Transp. Co. v. National Surety Co.District Court, S.D. New York · 1918
  5. Frank v. WolfCourt of Appeals of Georgia · 1916

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