Legal Opinion · Dissent

Texas Co. v. Hauptman

Court of Appeals for the Ninth Circuit

Decided August 2, 1937No. 8311Published

1Dissent

WILBUR, Circuit Judge.

I dissent.

The appellants have expressly waived, all questions except the jurisdictional one. They do not complain of the order if it is within the jurisdiction of the' trial court, or ask for a modification of it. I think the order should be reversed, but if not, should be affirmed and not modified. We cannot control the action of the admiralty court, either by enjoining the parties or otherwise. If we concede jurisdiction in the admiralty court to proceed to foreclose the lien of the appellant, the most that we can do is to control the disposition of the funds resulting…

2Cases cited23 opinions

  1. Mueller v. NugentSupreme Court of the United States · 1902
  2. Isaacs v. Hobbs Tie & Timber Co.Supreme Court of the United States · 1931
  3. Straton v. NewSupreme Court of the United States · 1931
  4. Taubel-Scott-Kitzmiller Co. v. FoxSupreme Court of the United States · 1924
  5. Riehle v. MargoliesSupreme Court of the United States · 1929

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