Peck v. Elliott
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Tennessee. The Southern Malleable Iron Company is a manufacturing company, incorporateil in August, 1890, under the general law of Tennessee. In November, 1893, 11. II.
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Appeal from the Circuit Court of the United States for the Eastern District of Tennessee. The Southern Malleable Iron Company is a manufacturing company, incorporateil in August, 1890, under the general law of Tennessee. In November, 1893, 11. II. Peck and Charles D. McGnffey were appointed receivers under a, bill filed in the United States circuit court for the Southern division of the Eastern district of Tennessee, by the Northern Bank of Kentucky, a judgment creditor, with a levy upon certain assets. The object of the bill was to preserve the property as an operative unit plant, collect in…
1Opinion of the CourtLurton, Circuit Judge
(after stating the facts as above). The jurisdiction of the court to entertain this petition of the receivers against the appellee depends upon its jurisdiction in the original case, to which this proceeding was wholly ancillary. This petition is auxiliary to the original suit. It is a, petition by the receivers asking the aid of the court to enable them to collect in an asset of the corporation. It was filed by direction of the court under an order ma,de in the principal cause. The jurisdiction of the court in the principal cause is not questioned, and cannot be in this collateral suit.…
2Cases cited17 opinions
- Scovill v. ThayerSupreme Court of the United States · 1882
- Handley v. StutzSupreme Court of the United States · 1891
- White v. EwingSupreme Court of the United States · 1895
- Mellen v. Moline Malleable Iron WorksSupreme Court of the United States · 1889
- Compton v. JesupCourt of Appeals for the Sixth Circuit · 1895
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3Cited by31 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Alexander v. HillmanSupreme Court of the United States · 1935
- State ex rel. Caster v. FlannellySupreme Court of Kansas · 1915
- Carey v. McMillanCourt of Appeals for the Eighth Circuit · 1923
- Denver & R. G. R. v. MillsCourt of Appeals for the Eighth Circuit · 1915
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