Legal Opinion

Ambrose v. Brown

District of Columbia Court of Appeals

Decided March 2, 1914No. 2604Published

Hearing on an appeal by the defendant from a decree of the Supreme Court of the District of Columbia making the claim of plaintiff to the extent of a certain amount as a first lien upon all of the assets of the building association that may come into , the .hands of the defendant receiver.

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Hearing on an appeal by the defendant from a decree of the Supreme Court of the District of Columbia making the claim of plaintiff to the extent of a certain amount as a first lien upon all of the assets of the building association that may come into , the .hands of the defendant receiver. The-Court in the opinion stated the facts as follows: This is an appeal from a decree establishing an indebtedness of $25,000 against the First Co-operative Building Association of Georgetown, and making it a first lien on all the assets of the association that may come into the possession of the receiver.…

1Opinion of the CourtChief Justice Shepard

The foregoing statement of the substance of the pleadings and evidence is sufficient to show the foundation of the errors that have been assigned.

1. The first question arises on the point raised by the demurrer as to the failure to obtain leave to file-the bill against the receiver, and as to the effect of the nunc pro tunc order granting such leave.

It is conceded that the cause of action is not of the character on which action may be brought,- without leave, by the provisions of sec. 3 of the act of March 3, 1887 (24 Stat. at L. 554, chap. 373, U. S. Comp. Stat. 1901, p. 582). The contention…

2Cases cited21 opinions

  1. Barton v. BarbourSupreme Court of the United States · 1881
  2. Case v. BeauregardSupreme Court of the United States · 1880
  3. Jerome v. McCarterSupreme Court of the United States · 1877
  4. Booth v. RobinsonCourt of Appeals of Maryland · 1881
  5. Hunter, Evans & Co. v. LaniusTexas Supreme Court · 1892

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