United States v. Neeley

LACOMBE, Circuit Judge.

This is a motion to vacate an attachment and discharge, a levy thereof upon a fund in the hands of the Mercantile National Bank, unless the plaintiff herein consents to appear and to yield to the jurisdiction of the New York Supreme Court and to allow the question as to its right, if any, under and by virtue of said warrant of attachment, to be determined in said court on the merits. The fund is claimed by two other persons besides,Neeley, and suit has been brought against the bank in the state court. Apparently in no othér way can the rights of the bank, who is a mere…