Pendleton v. Lutz
Mississippi Supreme Court
From the chancery court of Lauderdale county. Hon. Nathan C. Hill, Chancellor. Lutz, the appellee, was the complainant in the court below;, the original defendant there was the Southern Home Building & Loan Association of Georgia, a corporation of that state. Some time after the beginning of the suit the building and loan association was placed in the hands of a receiver, by order of a. federal court in the state of Georgia, in which state the association was domiciled..
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From the chancery court of Lauderdale county. Hon. Nathan C. Hill, Chancellor. Lutz, the appellee, was the complainant in the court below;, the original defendant there was the Southern Home Building & Loan Association of Georgia, a corporation of that state. Some time after the beginning of the suit the building and loan association was placed in the hands of a receiver, by order of a. federal court in the state of Georgia, in which state the association was domiciled.. The appellant, Pendleton, was made the-receiver, and made application to the chancery court of Lauder-dale county for the…
1Opinion of the CourtWhitfield, C. J.
In this case the plaintiff brought his suit by an attachment in -chancery, and by proper process, duly served, the court acquired actual possession of the property attached. All this was doné before the corporation became insolvent and receivers were appointed by the federal court at Atlanta, Ga. Some months after the institution of the suit, receivers appointed by the federal court appeared and asked to remove the case to the ■federal court in the proper district in Mississippi, at Meridian. This motion the court denied. That is the chief error assigned. 'The authorities relied on by…
2Cases cited11 opinions
- Chicago, Rock Island & Pacific Railway Co. v. MartinSupreme Court of the United States · 1900
- Porter v. SabinSupreme Court of the United States · 1893
- White v. EwingSupreme Court of the United States · 1895
- Holt v. Indiana Manufacturing Co.Supreme Court of the United States · 1900
- People's Bank v. CalhounSupreme Court of the United States · 1880
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