Legal Opinion

Palmer v. Texas

Supreme Court of the United States

Decided January 25, 1909No. 224PublishedCited by 189 opinions

CERTIORARI TO THE UNITED STATES CIRCUIT COURT OP APPEALS POR THE FIFTH CIRCUIT. The facts are stated in the opinion. The receiver appointed by the state court was not in possession, and had no right to possession, of the property at the time when the order was made by the United States court for the appointment of a receiver. Shields v. Coleman, 157 U. S. 169; People’s Cemetery Association v. Oakland Cemetery Co., 24 Tex. Civ.

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CERTIORARI TO THE UNITED STATES CIRCUIT COURT OP APPEALS POR THE FIFTH CIRCUIT. The facts are stated in the opinion. The receiver appointed by the state court was not in possession, and had no right to possession, of the property at the time when the order was made by the United States court for the appointment of a receiver. Shields v. Coleman, 157 U. S. 169; People’s Cemetery Association v. Oakland Cemetery Co., 24 Tex. Civ. App. 668; S. C., 60 S. W. Rep. 679; Hagan v. Lucas, 10 Pet. 400, discussed and distinguished. Neither the State of Texas nor Eckhardt is a party .to this cause or…

1Opinion of the CourtJustice Day

This case grows out of the proceedings in the State of Texas to forfeit the permit of the Waters-Pierce Oil Company to do business in that State, and the subsequent proceedings for the appointment of a receiver of the property of the company in the state court, just decided, Waters-Pierce Oil Co. v. Texas, Nos. 1 and 2, cases Nos. 359 and 360, ante, pp. 86, 112. It is unnecessary, in view of the recital of the facts contained in those cases, to repeat herein what is there said in this connection.

On the nineteenth day of June, 1907, after the appointment of a receiver in the state case and the…

2Cases cited10 opinions

  1. Peck v. JennessSupreme Court of the United States · 1849
  2. Freeman v. HoweSupreme Court of the United States · 1861
  3. Farmers' Loan & Trust Co. v. Lake Street Elevated RailroadSupreme Court of the United States · 1900
  4. Wabash Railroad v. Adelbert College of Western Reserve UniversitySupreme Court of the United States · 1908
  5. Moran v. SturgesSupreme Court of the United States · 1894

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3Cited by189 opinions

  1. De Beers Consolidated Mines, Ltd. v. United StatesSupreme Court of the United States · 1945
  2. Princess Lida of Thurn and Taxis v. ThompsonSupreme Court of the United States · 1939
  3. Penn Central Casualty Co. v. Pennsylvania Ex Rel. SchnaderSupreme Court of the United States · 1935
  4. Toucey v. New York Life InsuranceSupreme Court of the United States · 1941
  5. United States v. Bank of New York & Trust Co.Supreme Court of the United States · 1936

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