Furrer v. Ferris
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF OHIO. The court stated the-case as follows: In 1887, appellee was in possession of the property of. the Toledo, Columbus and Southern Railway Company, as receiver, having been duly appointed such receiver by the Circuit Court of the United States for the .Northern District of Ohio, in a foreclosure suit brought by the American Loan and Trust Company.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF OHIO. The court stated the-case as follows: In 1887, appellee was in possession of the property of. the Toledo, Columbus and Southern Railway Company, as receiver, having been duly appointed such receiver by the Circuit Court of the United States for the .Northern District of Ohio, in a foreclosure suit brought by the American Loan and Trust Company. On October 15, William Furrer, a young man of about twenty-one years of age, driving a load of wood along the public highway, crossed the railroad track, and while…
1Opinion of the CourtJustice Brewer
As this intervening4petition was filed nearly a year after the passage of the act of March 3,1887, (24 Stat. 554,)-authorizing suits against receivers without leave of the court appointing them, it is evident that the petitioner preferred to not exercise his right to a common law action and a trial by a jury, but rather to come into a court of equity and have his rights there determined according to the rules and practice of such courts. In view of such election, we fail to appreciate his counsel’s complaint of the law in not driving him to a forum which he so carefully avoided.
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2Cases cited4 opinions
- Tilghman v. ProctorSupreme Court of the United States · 1888
- Kimberly v. ArmsSupreme Court of the United States · 1889
- Crawford v. NealSupreme Court of the United States · 1892
- Evans v. State BankSupreme Court of the United States · 1891
3Cited by94 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Morgan v. DanielsSupreme Court of the United States · 1894
- Davis v. SchwartzSupreme Court of the United States · 1895
- National Hollow Brake-Beam Co. v. Interchangeable Brake-Beam Co.Court of Appeals for the Eighth Circuit · 1901
- Coder v. ArtsCourt of Appeals for the Eighth Circuit · 1907
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