Evans v. Nellis
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The questions to be answered and the case on which they arise are shown in the statement of facts and resulting questions of law constituting the certificate of the court below, which is as follows: “Statement of facts.
Read the full summary
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The questions to be answered and the case on which they arise are shown in the statement of facts and resulting questions of law constituting the certificate of the court below, which is as follows: “Statement of facts. “ That the Inter-State Loan and Trust Company is a corporation created and organized under and by virtue of the general laws of the State of Kansas, July 22,1885, and as such was authorized to transact business as a land mortgage company; that in or about the month of November, 1897, E. B. Crissey commenced…
1Opinion of the CourtJustice White
The third question lies at the threshold, and requires to be answered before approaching the consideration of the first and second questions. This becomes apparent when it is seen that if the first and second be answered in such a manner as to sustain the cause of action, the question would yet remain whether the receiver; appointed as stated, had authority to prosecute the suit, whilst, on the other hand, if the conclusion be reached that the receiver was without power to bring the suit — irrespective of what might be the reply to the two first questions — these questions become irrelevant…
2Cases cited1 opinion
- Whitman v. Oxford National BankSupreme Court of the United States · 1900
3Cited by14 opinions
- Hale v. AllinsonSupreme Court of the United States · 1903
- Anglo-American Land, Mortgage & Agency Co. v. LombardCourt of Appeals for the Eighth Circuit · 1904
- Wyman v. BowmanCourt of Appeals for the Eighth Circuit · 1904
- Globe Newspaper Co. v. WalkerSupreme Court of the United States · 1908
- Shriver v. Woodbine Savings BankSupreme Court of the United States · 1932
9 more not listed; retrieve them via the Exa API.