Legal Opinion

Gilbert v. McNulta

U.S. Circuit Court for the Northern District of Illnois

Decided March 16, 1899No. 25,013PublishedCited by 2 opinions

On Demurrer to Plea to Jurisdiction.

1Opinion of the Court

SEAMAN, District Judge.

The sole question raised by the plea is whether the receiver of a national bank appointed under the act of congress is suable in this court upon his contract’ made on behalf of the estate in the course of its administration. It is established by authority that the receiver in such case is “not the officer of any court, but the agent and officer of the United States,” in the performance of his duties. Ex parte Chetwood, 165 U. S. 443, 458, 17 Sup. Ct. 385. But it is equally well settled that officers of the United States are not granted immunity from suits in all cases,…

2Cases cited13 opinions

  1. United States v. LeeSupreme Court of the United States · 1882
  2. In Re ChetwoodSupreme Court of the United States · 1897
  3. Tindal v. WesleySupreme Court of the United States · 1897
  4. Gaines v. ThompsonSupreme Court of the United States · 1869
  5. Bank of Bethel v. Pahquioque BankSupreme Court of the United States · 1872

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3Cited by2 opinions

  1. Baird v. LeforNorth Dakota Supreme Court · 1924
  2. Studebaker Corp. of America v. First Nat. Bank of FlorenceDistrict Court, E.D. South Carolina · 1926

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